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The New York Disability Law Blog Information and Help for Disabled Individuals with Workers' Compensation, Social Security Disability and Construction Accident Claims

NY Workers Compensation Claims: How to Handle On-The-Job Injury or Illness

Posted in Construction Accidents, NY Workers Compensation Claims

Work-related injuries can bring one’s life to a grinding halt. You may not know what you should do after such an injury occurs, as well as when you will be able to return to work and whether or not you are entitled to Worker’s Compensation cash benefits. Below is a helpful guide on what to do in the event of an on-the-job injury:

First, the you should immediately seek any necessary first aid or medical treatment.   Unless it is an emergency, the treating health care provider must be authorized by the  New York Workers’ Compensation Board. Information about locating authorized health care providers can be found here or by calling 1-800-781-2362.

Second, if there is a need for prescription medication or diagnostic tests, you may be required by your employer or worker’s compensation insurance carrier to receive such treatment through a specific contracted pharmacist or network of pharmacies. If this is the case, it is required that you be informed.

If the case is not disputed, then any necessary medical expenses are paid by the employer or the employer’s insurance carrier.   However, health care providers may request you to sign form A-9, a document meant to inform the worker that they must pay their medical bills if the Worker’s Compensation Board denies the claim or the worker does not pursue the case.

Third, after seeking medical attention, it is required that the employee notify a supervisor of their injury or illness in writing. In the case of an injury, this must be within thirty days of the accident. If the worker suffers from work-related illness, they must inform their employer within 30 days of whenever it becomes clear the disease was caused by occupational hazards.

An Employee’s Claim for Compensation must be submitted using form C-3 and sent to the  Worker’s Compensation Board.   This must be done within two years of an injury or diagnosis (or notification of the work-related nature of an illness), or the worker may lose their right to benefits.

Afterwards, the employee should follow all of their doctor’s instructions and try to recover as quickly as possible. If necessary, they must also attend an Independent Medical Examination scheduled by the insurance company.   The worker should return to their job as soon as they are able to and attend any court hearings pertaining to their case. The worker will be informed as to when and where these court hearings will take place. 

If you have further questions, please feel free to call the New York workers’ compensation lawyers at Turley, Redmond, Rosasco & Rosasco toll free at 1-877-693-2529.