When workers suffer from on the job accidents or illness, Workers’ Compensation helps them recover the financial burdens that they’re faced with. So if you or a loved one has sustained an injury at work, you’ll be able to file for Workers’ Compensation. After you’ve suffered from a long term serious injury, your Workers’ Compensation will aid to cover your disability benefit.
If you’re the victim of a job accident and you need to submit an injury claim, the Syracuse workers compensation lawyers at Cellino Law will help as you prepare. In some instances, persons submit the wrong documents or even leave some out, when you contact us, we’ll ensure that everything is properly submitted and that you get the compensation that you deserve for your injuries.
However, according to the law, all employers should ensure that their workers are entitled to Workers’ Compensation. This usually comes in the form of purchasing self-insurance according to the state laws of New York. Thus far the state has a set formula that includes medical care, loss of income, and even time off that workers need after suffering from an injury.
In some instances, workers are denied these benefits. So if this has happened to you or your loved one, it is in your best interest to contact a personal attorney in Syracuse. When you make that connection, they will ensure that you get the full compensation that you deserve for your situation.
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What Kinds Of Injuries Qualify For Workers Compensation?
After suffering an injury on the job, it’s best to determine what types of benefits are covered under New York Workers’ Compensation law. The laws enforce the strictest guidelines to ensure that rulings go according to the rights of the worker as they’re filing for compensation. However, it should be noted that even if you’re at work and you sustained an injury, there’s still a chance that you may not qualify automatically for compensation.
So to ensure that you’re covered according to the compensation law for workers in the state of New York, your accident needs to fall perfectly in line with the following categories:
- Your employer was instructed under the strict laws to ensure that he had Workers’ Compensation coverage for all employees.
- Any illness, disability, or injury that you’ve suffered must be directly related to the tasks that you carry out on your job. Hence, they should be related to your employment duties.
- After sustaining an injury or illness, you should bring a written note to your employer within no more than 30 days from the time of your accident.
- Your medical reports should indicate that your disability, illness, or injury was as a result of your workplace or an accident that occurred on site.
While accidents and events may seem to properly qualify you for compensation, your employer will still fight against it. Even his insurers will be on his side fighting so that compensation is denied. This means that you’ll need a strong team on your side to fight for your rights. You’ll also need proper medical evidence from your doctors as well to make your case stronger as they all fight for your rights while you’re battling with recovery.
Can You Be Fired In New York For Filing A Workers’ Compensation Claim?
There have been certain rights that have been put in place to ensure that if workers become injured, they will be protected no matter what. However, employers don’t always keep the spot open but workers are eligible to secure these rights. This is done according to the Medical and Family Leave Act.
This guarantees that some employees received full unpaid leave for up to 12 weeks over 12 months. It strongly applies to those who’ve been diagnosed with serious or life-threatening medical conditions. Employers cannot lay fines on workers who file for Workers’ Compensation. Additionally, if you change jobs, your new employer cannot enquire about any previous compensation cases that you’ve filed.
However, it is extremely important that you communicate effectively and accurately with an employer if you’re unable to work. During your conversation, you should also indicate when you may be able to return. This keeps your employer in the loop about your situation and when you’re coming back so that your job can stay open.
What Is The Process Of Filing A New York Workers’ Compensation Claim?
Filing a workers compensation claim involves several steps. The following is a simple outline of the process. It should be kept in mind that this can, however, vary depending on your situation. If you’re unsure what to do call our Syracuse injury firm. Our attorneys will review your claim and ensure that you’re properly informed about your legal rights and the options that can work in your favor.
After your accident, it’s in your best interest to seek immediate medical care. This means that you should go to the doctor or to the hospital and it’s important that you tell your supervisor or boss what has happened. You’re also mandated to provide in written form no more than 30 days after your accident the details of your accident.
Within 2 years of your accident or injury, you’re required to also have your Form C-2 filled and emailed to the district office for Workers’ Compensation. After your employer has been properly notified, they must then report it to their insurance company and the Board by filling out the Employers version of the C-2 form. However, this must be done within 10 days.
Up to at least 14 days of receiving the report, the insurance adjuster will issue a written statement that discusses your rights according to state law. Within 18 days of receiving the Employer’s Report, the company will begin to pay your insurance benefits if the claim wasn’t denied.
After your Workers’ Compensation claim has been approved, you’ll receive payments directly every 2 weeks. During this time you’ll be required to meet with your doctor every 45 days and progress reports will need to be sent to the Board. However, if you’re still recovering after the allotted 12 weeks, the insurance company will indicate if you need to receive rehab treatment.
How Can A Syracuse Workers Compensation Lawyer Help A Denied Claim?
When claims are filed by the Workers’ Compensation company, the company may contest or willingly accept the claim. In some cases, part of the claims is also contested by the company. It should be noted that Workers’ Compensation claims are only paid after the employer or the insurance company has agreed that the injuries are in fact work-related.
If for some reason those claims are disputed or contested by the company or the employer, benefits will be held until the case is presented to a judge. The judge will then further determine which of these parties is right. In some cases, the Board for Workers’ Compensation can hold a hearing in front of a suitable judge. If the claims are deemed valid, the judge will be responsible for indicating the amount and duration that you’ll be compensated for.
After the judge has made a decision, both sides are still allowed to file an appeal for 30 days. In the instance where it is granted, the case will then be reviewed by a panel consisting of 3 board members. The panel can easily do the following:
- Make changes to the decision made by the judge
- Rescind the decision made by the judge
- Restore the case for further developments
If the members of the panel are unable to agree, you can apply and get a comprehensive review of your case by the board. This will ensure that the previously mentioned actions are done. However, all appeals must be done during a 30 day period and it should be provided to the Supreme Court of New York State’s Appellate Division. The Appellate Division will make further decisions about the appeal.