If you are injured at work, the State of New York has some good advice on how to proceed that will keep your claim running smoothly. If you are injured at work, your medical bills related to the injury will be paid by your employer most likely from his workers’ compensation carrier. If there is no carrier you should contact a New York workers compensation attorney.
First, the Injured Party Must Seek Medical Help Immediately.
The nature of the injury needs to be assessed as hospitalization may be necessary. The expense will be part of the workers’ compensation claim.
Second, the injured worker must contact their supervisor and tell them what happened.
This needs to be done in writing within thirty days of the accident. Failure to do so could affect the claim’s moving forward.
Lastly, the worker needs to file a claim with the workers’ compensation board
Your supervisor or the HR department should be able to provide you with form C-3, which will document the events of and surrounding the injury.
Following all these steps will be the best way to ensure the employer and workers compensation carrier will be in no position to fight the claim due to anything you failed to do. If, however, the claim seems to be dragging along, you will have to cooperate with things like independent exams by other doctors. The company may even try to offer what is called a Section 32 Waiver agreement which may look good as it would include a lump sum settlement, but any further medical problems related to the injury would be your responsibility because the claim would be closed.
At any point in time, you are not satisfied with the process, you may contact a seasoned workers’ compensation attorney. The experienced professionals will be able to guide you through the process to make sure your rights are being attended to. If the injury was due to a defective machine or some other item not functioning properly, a possible third-party suit against the manufacturer may be another way to gain compensation for you and your family.
