Workers’ Compensation is insurance that is designed to aid workers on the road to recovery if they are injured on the job or if they have suffered some type of occupational illness. For example, if you get injured at work, this insurance is going to cover damages caused by this incident. Serious injuries that you may suffer will often require coverage from Workers’ Compensation because it provides long-term benefits for disability.
When submitting a work injury claim you may want to work with an experienced Oyster Bay workers compensation lawyer. At Cellino Law we have numerous attorneys that can help you prepare for what will happen and also submit all required documents correctly to get you the full compensation you deserve.
Workers’ Compensation benefits are provided by employers, which is required by law, and this insurance must be purchased in New York State. There is a formula that is used in order to determine what benefits are paid out in regard to medical care, lost income, and the amount of time off that will be needed for recovering from the workers’ injuries or sickness. Unfortunately, these benefits, though legally available, are often denied. When this occurs, you will need to contact a personal injury lawyer in Oyster Bay to make sure that you do receive your compensation.
Table of Contents
Qualifying For Workers Compensation Insurance In Oyster Bay
If you have recently suffered an injury at work, you need to know what is covered, and what will not be covered under the workers’ compensation laws in Oyster Bay, New York. They do have very strict guidelines, and there are rules that must be followed when pursuing any type of compensation. If you are injured, it doesn’t mean that you will just qualify for the benefits or the compensation you believe that you deserve.
Under Worker’s Compensation laws, specifically in New York State, the accident that you have had, and the injuries that you have sustained, are going to fall into certain categories:
- The employer that has provided you with Workers Compensation coverage in New York State is very specific.
- This will include injuries, illnesses, and different forms of disability that may have happened to you while on the job that can directly and adversely affect your employment.
- You will have to provide a note in writing specifically to your employer about the accident or incident that occurred that led to your injury or illness in the span of 30 days from the date of the accident.
- When you get your medical reports, it’s going to state information about your injury, disability, or your illness and it will state that the accident was caused by something at the workplace.
What is unfortunate is that even though accidents and events can be qualified in this manner, in regard to Worker’s Compensation benefits, your employer can dispute this, plus the insurance company can do the same. You need to have a very strong support system behind you, combined with medical evidence, if you’re going to have any hope of getting compensation by the time that you need to have it so you can recover.
Is It Possible That You Could Be Fired For Filing A Workers Compensation Claim?
People can have certain rights that should be protected all the time, particularly when you are injured at your place of employment. An example of this might be the employer keeping your job open until you get back. You are able to do this because of the medical and family leave act. This simply states that there are certain employees that can get the equivalent of 12 weeks of unpaid leave, over the course of 12 months, if you have been diagnosed with a serious medical condition or a critical one.
A Worker’s Compensation claim can be filed and your employer cannot adversely affect you because of it. In another scenario, if you are a brand-new employee, the employer cannot ask if you have filed a Worker’s Compensation claim in the past.
It is so important to have good communication with your employer if you are not able to return to work. You need to let your boss know what your status is and when nor if you may be able to return. This will ensure that your employer has all of the information necessary to keep your position open.
The Filing Process For New York Workers Compensation Claims
there is a process when submitting a Worker’s Compensation claim in New York State. It can depend on various situations. You can contact our law office to speak with one of our skilled and professional compensation attorneys if you want to. It will be during this meeting that we will share with you information about your legal rights and options.
Right after the accident, getting medical care from your doctor or hospital is necessary. Your supervisor or boss needs to know what happened. You are then required to give written notification to your employer about what occurred within 30 days of the injury. You will have two years from the time of the accident or injury to file the Form C-2, also called the employee claim form, which must be emailed and completed to the local Worker’s Compensation district office.
After being notified about your injury or accident, your employer must report it to the insurance company, as well as to the board, using another Form C-2 that is designed for recording your work-related illness or injury. This Employers Report will then be sent to the insurance adjuster which will require them to send you a written statement within 14 days which will detail what your rights are under those laws. Within 18 days, after receiving the Employers Report, benefits may be paid out by the insurance company as long as it is approved within seven days or if it is not denied.
If Worker’s Compensation does approve your claim, payments will be issued every two weeks. Every 45 days, your healthcare provider or doctor needs to send updates to the Board. After 12 weeks, if you are still recovering, this insurance company will need to determine if you still need to have rehabilitation treatment.
Contact An Oyster Bay Workers Compensation Lawyer If Your Claim Was Denied
Once the claim is filed, specifically through the worker’s compensation insurance policy that your employer has, and they accept the claim, they may actually contest part of the claim that the employee has submitted. A Worker’s Compensation claim is only obligated to pay out money once the employer or insurance company has agreed that this is a work-related injury or illness. If these are disputed at any time by the employer or insurance provider, benefits will not be paid out and then a Worker’s Compensation judge will need to make a determination.
There are times when the Worker’s Compensation Board must set up a hearing that will require a judge. It is here that the judge can determine the validity of your situation and then determine how long, and the amount, of what that compensation will be.
Both sides can appeal within 30 days of the judge filing this decision. If it is granted, the three board member panel can review it. This panel can decide to:
- Restore your case to a judge for ongoing developments
- Modify the judge’s decision
- Rescind the decision made by the judge
Panel members may not be able to agree on the decision, and if this occurs, you could apply to get a comprehensive board review. What this will do is either confirm, change, or rescind the judge’s decision.
If you do want to appeal a Board panel decision, you have 30 days to get this done. This appeal will be provided to the Third Department of the Appellate Division of the New York State Supreme Court. Their decision can also be appealed to the Court of Appeals. If your workers’ compensation claim was denied contact our Oyster Bay injury firm to get your appeal started.