If you’re injured on the job or develop a job-related health condition, you may be eligible for workers’ compensation benefits. For a successful outcome, it’s important that you follow each of the steps outlined below and seek legal guidance. Any errors can lead to disputes in your claim and prolong the timeline for receiving benefits.
Seek medical attention immediately
Get checked by a qualified doctor and have them document your injuries and link them to your job duties. Inform your doctor that your injury is work-related and provide details about the incident and the nature of your injuries or illness. This information helps in creating a medical report that can benefit your claim.
Notify your employer in writing within 30 days
You should inform your supervisor or HR department directly in writing within 30 days. Provide a clear and concise description of the workplace accident and your injuries. If you developed a long-term health condition, provide your diagnosis and describe the conditions that likely contributed to it. Also, provide details on the date, time, and circumstances of the injury.
Communication can be verbal initially, but it's advisable to follow up with a written notice for documentation purposes. This documentation helps ensure that there is an official record of the incident.
Document everything
Document everything relating to your workplace accident or illness, as well as your claim. That includes:
- Workplace accident details such as the date, time, and exact location of the accident. Note the conditions and activities leading up to the incident, and any environmental factors involved (e.g., wet floors or faulty equipment).
- Witness information of anyone who saw your workplace accident. Their testimonies can help verify the circumstances of the incident.
- Photographs or videos of the work accident scene, including any equipment or conditions that contributed to the accident. This helps prove how and why the accident occurred.
- All injuries resulting from your workplace accident, including a detailed medical report from the healthcare provider who treated you immediately after the accident.
- Medical records related to treatments for your injuries or health condition. This includes doctor’s notes, diagnostic tests (e.g., X-rays or MRIs), treatment plans, prescriptions, and receipts for any medical expenses incurred.
- All communications with your employer about the accident and your injuries. This includes initial notifications, follow-up emails, written correspondence, and notes from any related meetings or phone calls.
- Work absence and disability notes due to the accident. Keep copies of any disability certificates or doctor’s notes that specify work restrictions or the need for time off due to your injuries.
- Employment records such as your job description, work schedule, and any changes to your employment status or duties following the accident.
Follow all medical treatment plans prescribed by your healthcare providers
Follow all medical advice and treatment plans provided by your healthcare providers. This includes taking prescribed medications, attending all scheduled appointments, and participating in recommended therapies such as physical therapy or counseling. This shows you are committed to recovery.
Consult a Brooklyn workers' compensation lawyer.
Whenever filing a workers’ comp claim in New York, it’s important to seek guidance from an experienced attorney. They understand the New York workers’ compensation laws, how to deal with insurance companies, and how to advocate for injured workers before the board.
They can help you navigate the claims process, ensure you receive the full benefits you're entitled to, and represent you if your claim is disputed or denied. Plus, you won’t have to worry about all the complex paperwork that comes with pursuing workers’ comp benefits. They can take care of that for you and guide you through the application process.
