Worker’s compensation is an insurance policy that is used to help workers recover from an occupational illness or on-the-job accident. If you are injured at work, worker’s compensation will be used in such an event. If you have suffered a serious injury at work, worker’s compensation will also be used to cover long-term disability benefits.
If you or your loved one has been injured at work, you need to claim compensation. Working with a Huntington workers compensation lawyer at Cellino Law can increase your chances of receiving the full compensation you are owed. We can help you prepare the claim documents and submit them to help you obtain your rightful compensation.
Employers are mandated by law in New York to provide their employees with worker’s compensation benefits by purchasing insurance or self-insurance. Once a worker has been injured, there is a formula in place to calculate the benefits owed to a particular employee including payments required for medical care, lost income, and time off caused by the injury.
Unfortunately, these benefits for injuries sustained at work are usually denied to the employees. However, if it happens to you, make sure you have experienced personal injury attorneys in Huntington by your side. Call Cellino Law and get legal representation for your worker’s compensation case.
What Kinds of Injuries Qualify for Workers Compensation in Huntington, NY?
If you recently suffered an injury at work, it’s prudent to know if you are covered in the worker’s compensation laws in place in New York. There are strict guidelines in place relating to worker’s rights after being injured and seeking compensation. Even if you suffered the injury while at work, it doesn’t automatically mean that you will qualify for the worker’s compensation benefits.
However, to make sure that you are fully covered under the worker’s compensation laws in New York, your injuries should fall under any of the categories outlined below.
- Your employer must be mandated by the New York State laws to have worker’s compensation insurance
- The illness, disability, or injury you have sustained should have been caused by the work you are contracted to do at your job or should relate directly to your employment.
- You should have notified your employer in writing about the accident or incident that caused your injury or illness within 30 days after it happened
- Your medical reports should state clearly that your illness, injury or disability was caused directly by a condition at the workplace or an accident
Even accidents that qualify for worker’s compensation benefits are often disputed by the employer in addition to the insurance company on record. If you want to apply for worker’s compensation benefits, you should have strong evidence and support from medical professionals. It’s the best guarantee to ensure that you receive the compensation that you deserve for the total amount of time you need the money during the recovery.
Can You be Fired for Filing a Worker’s Compensation Claim in New York?
If you are injured at work there are certain rights in Huntington, NY, that should be protected at all times. For instance, your employer might not be required to keep your job available. After the Medical and Family Leave Act was passed, it became possible to secure that right for previously injured workers.
The Act requires that some types of employees can receive unpaid leave amounting to 12 weeks in value over the course of 12 months if they have been diagnosed with a serious or critical mental condition. On the other hand, your employer can’t fine you for applying for worker’s compensation benefits. A potential new employer can’t ask you if you have applied for worker’s compensation claims in the past.
If you are unable to work, you need to stay in communication with your employer. Inform your employer about your status and when you might be able to get back to work. It ensures that your employer is informed about when you can resume work and ensure the position remains open.
What is the Process of Filing a New York Workers’ Compensation Claim?
Here is an overview of the worker’s compensation claim process in New York. It varies depending on the case in question. You should contact Cellino Law to schedule a consultation with our legal professionals. You will learn everything there is to know about your legal rights and options when seeking worker’s compensation benefits.
Once your accident happens, you should get medical care by visiting a doctor or going to the hospital. You should inform your supervisor or boss what happens. By law, you are required to provide your employer with a written notification of the incident within a period of 30 days. Within 2 years of the accident or injury, you should complete Form C-2 (an employee claim form) and email it to the local area’s worker’s compensation district office.
Once your employer is notified of the injury or accident, they should report it to the insurance company and to the board by filing Form C-2 (employer’s report of work-related illness or injury) within 10 days. Within 14 days of receiving the employer’s report, the insurance adjuster should issue you a written statement stating your rights under the law. Within 18 days after receiving the employer’s report, the insurance company can start paying benefits as long as the claim wasn’t approved or denied within 7 days.
Once your worker’s compensation claim is approved, you should expect payments directly from the insurer every 2 weeks. After every 45 days, your healthcare provider should send progress reports to the Board. If you are still recovering after 12 weeks, the insurance company will now determine if you require rehabilitation treatment.
Can a Huntington Workers Compensation Lawyer Help Me Appeal a Denied Claim?
When you file the worker’s compensation claim, the employer’s insurer can accept the claim or contest it. They might also contest part of the claim once you have filed it. The claim can only be paid out if the insurance company or the employer agrees that the injury or illness is work-related. If the claims are disputed or contested by the insurer or employer, no benefits will be paid until the case is presented to a worker’s compensation judge. It’s the judge’s job to determine the party that is right.
In some cases, the worker’s compensation board holds hearings in front of a judge. Once the judge deems your claim valid, then he/she can determine the amount of compensation you will receive and for how long. Both sides can appeal the decision of the judge within 30 days after the judge’s decision is filed. Once granted the case will be reviewed by a panel that consists of 3 board members. Here, the panel can choose to do the following.
- Modify the decision made by the judge
- Rescind the judge’s decision
- Restore your case to a judge for any ongoing developments
If the panel members can’t come to an agreement, you can apply for a comprehensive board review. It will change, rescind, or confirm the decision previously made by the judge. To appeal a decision made by the board panel, it should be done by a 30-day panel. The appeal should be availed to the New York State Supreme Court’s Third Department of the Appellate Division. The decision from the appellate court can also be appealed to the court of appeals. Whatever you do, make sure you are working with attorneys from Cellino Law. Get your work injury claim started by calling our Huntington injury firm at 888-888-8888.