Workers’ compensation insurance is designed to provide assistance to employees who are injured on the job or have an occupational illness. Workers’ compensation is activated if you sustain injuries while on the job. It can be a complex process to submit a claim without assistance from a Hempstead workers compensation lawyer. We can assist you in preparing the necessary documents and also submit all of the required information on time to ensure you receive compensation.
By law, employers must provide Workers’ Compensation benefits. It is available for self-insured employers as well, under New York State laws. A formula is used by New York to determine the benefits that relate to medical expenses, loss of income, time off from work, and the medical reason why they became injured. The worker’s family along with the worker are protected by Workers’ Compensation. It also reduces the need for having to file lawsuits. Unfortunately, work injury benefits are frequently denied. Whenever this happens, our Hempstead personal injury attorneys will ensure you receive compensation.
What Injuries Qualify For Workers’ Compensation In Hempstead?
If you suffered an injury while on the job in Hempstead, NY, it is important for you to know that you are protected under New York State’s Workers’ Compensation. Very stringent guidelines are used, which creates numerous rules that have been designed to subvert those who are seeking some form of compensation. If you were working when you became injured, that doesn’t mean that you will qualify automatically to receive any compensation or benefits.
You need to ensure you are covered under the workers’ compensation law, according to the rules that New York state has set up, and that the event that result in the injury you have suffered was in one of the following categories:
- The company you work for was mandated by New York state to possess Workers’ Compensation coverage.
- The injury, illness, or disability that you sustained must be related to your job and have occurred while you were on duty.
- Your employer must have given you written notice, about the accident or incident that led to your injury or illness within one month after it happened.
- Your medical reports should state that your disability, injury, or illness is directly related to the accident you were in and to the conditions of the workplace.
Benefits A Hempstead Workers Compensation Lawyer Can Help You Receive
This kind of insurance has been designed specifically to provide cash and/or medical benefits to workers who have been injured at work as a result of sustaining occupational illness, disease, or injuries.
Claims are processed by the New York Workers’ Compensation Board. It is also where employers pay weekly cash benefits to employees, in addition to medical care, as directed by the New York state-based board.
The following is a list of Workers’ Compensation benefits that are currently available:
- Medical Benefits
- Supplemental Benefits
- Cash Benefits
- Death Benefits
- Social Security Benefits
Can You Be Fired For Filing A Workers’ Compensation Claim In New York?
You have certain rights that should be protected at all times, especially if you were injured at work. For example, your employer is not required to keep your current job open. Due to this, it is possible that you can secure your job through the Family Medical Leave Act which allows employers to get 12 week’s worth of unpaid leave. If the employee has a serious or critical medical issue they can receive up to one year of leave.
Employers are not allowed to file employees because they filed a workers’ compensation claim. A new employer is also not allowed to ask if you have filed a workers’ compensation claim in the past. This is designed to help protect worker rights.
If you cannot work, it is very important to maintain clear communication with your current employer. You need to ensure that your manager or boss understands what your status is and when you may be able to return to work. When you keep your employer informed that will help to ensure that your position has not been filled when you are able to go back to work.
How To File A New York State Workers’ Compensation Claim
It is very important for you to go to the hospital or see a doctor right after your accident occurs. It is also critical for you to inform your supervisor so they know what took place. You need to provide your employer with written notification, within 30 days, of what has taken place. You must file an Employee Claim form, within two years of when you were injured, and send it to your the main office of Worker’s Compensation within your local area.
After your employer has been notified, within 10 days they are required to use Form C-2 to report the accident to their insurer. After receiving the Employer’s Report, the insurance adjuster is required to issue some type of written statement within 14 days stating what your rights are to inform you. The insurance company, after 18 days can start paying benefits to you, unless your claim was denied within a period of seven days after you filed it.
After Workers’ Compensation approves your claim, you will receive a payment every two weeks. By law, you are required every 45 days to submit a progress report made by your doctor to the Board. After 12 weeks, if you are recovering still, the insurance company must consider providing you with rehabilitation treatment if you need it.
Important Information About Workers’ Compensation Appeals And Hearings
After you file your workers’ compensation claim, it is possible that your employer might contest or accept your claim. They might also contest part of your claim you have filed. Workers’ compensation claims are designed only to pay out after the insurance company or your employer has agreed on the type of injury or illness you have suffered. If they dispute your claim or is contested by the insurance provider or your employer, benefits will not be paid. You will need to present your case in front of a Workers’ Compensation Judge who makes the final decision.
The Workers’ Compensation board might hold a hearing before a judge. If it is determined by the judge that your claim is valid, then they will determine the amount of compensation you will receive and for how long.
The decision by the judge can be appealed by either the employee or the employee, within 30 days of the judge’s decision. If it is granted, three board members will form a panel to review your case. The panel can either:
- Rescind the judge’s decision
- Modify the decision made by the judge
- Restore the case as it related to ongoing developments with this specific judge
If the three members of the panel are unable to agree with one another, you can appeal to have a comprehensive board review conducted of your claim. That will result in confirming, changing, or rescinding the decision made by the judge
If your goal is to appeal the board’s decision you are required to do that within 30 days of the board’s decision. You must present your appeal to the New York State Supreme Court’s Third Department of the Appellate Division so they can render a decision. The Appellate Division’s decision can be appealed as well. An appeal will go to the Court of Appeals for another decision. As you can see, the appeals process can be a very long and drawn-out process.