The Workers’ Compensation Claim Process

Contact Us Now

Employers are required by law to carry some sort of workers’ comp insurance to cover employees who are injured on the job. Injured employees must notify their employer of any work-related injury or illness. The employer will then notify their workers’ comp insurance carrier about the claim and see what benefits the employee will receive. The workers’ compensation claim process involves important steps. Some of these steps include notifying your employer in writing, filing out an official claim form provided by your employer, and keep detailed records of your treatment.

Seek Medical Attention Immediately

Before filing a workers’ comp claim, you must get the necessary medical treatment. Under certain workers’ comp policies, the employer may require the injured employee to see a specified doctor. It may be a good idea to ask your supervisor what the policies and procedures are for this portion of the process. Even if you don’t need to get any form of medical attention, it may be a requirement for the workers’ compensation claim process. A medical report by the doctor will serve as the official report and record of your injuries and the basis for any workers’ comp reimbursement.

Notifying your Employer

It is important to notify your employer of the injury as soon as possible. In New York State, an employee has 30 days to notify their employer of a work-related injury or illness. It is always a good idea to report all workplace accidents even if you don’t suspect an injury. This could be helpful in the case that the deadline expires.

In regards to the legal process, make sure that you notify your employer in writing. Even if you provide a verbal notification first, a written follow-up notification will make sure that the record is official. The sooner you are able to do this, the more details you are able to recall.

Your employer will most likely provide you with the official claim form as part of the workers’ compensation process. If not, you should request one from the workers’ compensation board of your state. You will need to provide the following information on your workers’ comp claim form:

  • The type of injury and affected areas of the body
  • Date, time, and location of the injury
  • All parties involved in the accident
  • How the accident occurred
  • Any medical treatment you have received

Employers’ Responsibilities

Employers are required to provide workers’ comp coverage. If they fail to do so, they could face fines, criminal charges, and lawsuits. In addition, employers are not allowed to retaliate against a worker who claims workers’ comp. Your employer will file the claim with its insurer and the state workers’ comp board. After the claim is evaluated by the insurance provider, an administrator will notify you on whether you claim has been accepted. They will also notify you of the amount of benefits you are entitled to.

After the Claim

Most of the process from the employee’s perspective will be filing out the necessary paperwork. However, it is still important to follow your claim and keep detailed records. For example, you may want to keep a journal of how the injury affects you work and day-to-day activities. Be sure to keep receipts of any out-of-pocket costs and proof of any other hardships caused by the injury. It is also important to seek out a workers’ comp attorney at Ramos & Ramos to answer any questions and assist in the filing process.

Read Our Latest News & Articles

 
Can Posting on Social Media Affect My Personal Injury Case?
Read More
 
What Steps Should I Take After a Car Accident in New York?
Read More
 
Dog Bite Injuries in New York | Your Legal Options
Read More