Workers' Comp Claim?

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Workers Compensation 2018-05-09T17:46:29+00:00

What Is Workers’ Comp?

Workers’ compensation provides injured workers with payment for their medical care and treatment as well as a percentage of their wages. The Workers’ Compensation Board is a state agency that processes the claims and determines, through a judicial proceeding, whether a worker will receive benefits and/or medical care and how much he or she will receive. A claim is paid if the employer or insurance carrier agrees that the injury or illness is work-related. If the employer or insurance carrier disputes the claim, no cash benefits are paid until the Workers’ Compensation Law Judge decides who is right. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not job-related, he or she may be eligible for disability benefits in the meantime. If a worker is successful in a higher workers’ comp case, the disability amount will be reimbursed out of their award.

Do I Have a Case?

The workers’ compensation system was created so that the worker would not have to go to the trouble and expense of suing their employer to get the benefits to which they were entitled. Almost 100 years ago when the system was initiated, the worker’s right to sue the employer was taken away. Even if your employer’s or a co-worker’s negligence causes your accident, you cannot sue them.

Can I Sue My Employer Because of My Workplace Injury?

You cannot bring suit against your employer for workplace injuries. However, you might be able to sue someone who is not your employer if they are responsible for your injuries. Someone who is not your employer is called a “third party” in this situation. We will review your case and advise you if this is appropriate.

FAQs About Workers Comp in New York State

The two most important actions are to inform your supervisor or employer about exactly how you were hurt and give a written statement. Another important action is to tell the doctor or medical professional providing the medical treatment how the injury occurred because every workers’ compensation claim is based on medical evidence that links your condition to your work accident.
After giving a written statement to your employer explaining that an injury happened and how it occurred and after seeking appropriate medical treatment, you should then file a claim with the Workers’ Compensation Board, which is the state agency administering workers’ compensation claims.

After seeking medical treatment, giving notice to your employer, and filing the claim, a report will be sent to the insurance company covering the claim. The insurance company is required to respond within a two- to three-week period with a check covering lost wages due to the disability as well as medical costs, or an explanation of why the claim was denied.

If you are making a claim or are on workers’ compensation, it is essential that you continue to see a doctor to get periodic statements that you are still disabled. If you do not do this, the benefits will cease and it is very difficult to get them restarted.

Yes. The denial of benefits comes in a C-7 Form or Notice of Controversy, and the Workers’ Compensation Board will set up a file for a hearing. At the hearing there will be testimony from you (the injured worker) and possibly other witnesses including your employer, co-workers, and doctors or others who provided medical care. It is advisable to get a lawyer at this phase to have experienced legal counsel present in the trial-like atmosphere. If you do not have an attorney you will be at the mercy of the insurance company, which will be represented by experienced counsel.

Call BMCQ 866.979.BMCQ (2627) for a FREE consultation.

If a two- to three-week period has passed after you filed a claim and you have not received payment, you might receive a call or a notification from the insurance company handling the workers’ compensation claim. The insurance company will say that it represents your employer and wants to question you and take a statement to get more details about how the accident happened. When an insurance company contacts you to ask questions, the purpose is to try to find reasons to deny your claim. At this point it makes sense to consult an attorney to protect your claim. You should seek counsel to protect your rights and make sure you file any paperwork properly.

Call BMCQ 866.979.BMCQ (2627) for a FREE consultation.

Don’t Go It Alone. Call Today.

  • Have you been injured on the job?
  • Are your medical bills unpaid?
  • Are you unable to work and receive a paycheck?
  • Need to file a workers’ comp claim?
  • Has your compensation claim been delayed or denied?

The lawyers of Buckley, Mendleson, Criscione and Quinn can help you get what you deserve in the complex New York workers’ compensation system. We ensure that your workers’ comp rights as an employee who is injured or disabled on the job are protected. BMCQ is conveniently located at 29 Wards Lane, off Interstate 787 and Broadway in Menands, New York, near the Albany hearing point for workers’ compensation cases.