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How Does Workers Comp Work in New York?

For residents of New York State who have been injured in an on-the-job accident, filing a workers compensation claim is often their only means of maintaining their income and receiving necessary medical care.

Unfortunately, if you are unfamiliar with these laws and the legal process, things can get confusing fast. In order to get your claim approved for maximum benefits, you need to know how workers comp works in New York.

Knowledge, experience, and attention to detail are the keys to filing a successful workers comp application. In the section below, we’ve provided an informative breakdown of how New York’s workers compensation system functions:

The Timeline of Your Work Comp Claim

Workplace injury victims often worry about how long the work comp application process takes. This is completely understandable as you’re likely unable to work and earn an income, and you’ve got medical bills to boot.

Allaying these concerns means understanding New York’s timeline for work comp claims. Here is what you can expect when filing a claim:

  • Immediately after your accident, you should seek medical assistance and notify your employer. Within thirty days of the accident, this notification must be submitted in writing.
  • Once the employer has received the written notification, they must submit an official claim within two years of the date of their receival. Note that this doesn’t mean that they’re allowed to wait a full two years if you want to apply now.
  • Within forty-eight hours of your accident, your doctor should submit any associated medical documentation to the Workers’ Compensation Board.
  • Within ten days of the accident, the employer should have notified both the board and their insurance company about your accident.
  • Two weeks after that, you should receive a written statement from the insurance company. This will include an overview of your rights as an employee.
  • Once the employer’s claim has been received by the board, you will begin to receive payments. These payments will be issued every other week.

How Do You Know if You’re Approved for Work Comp?

Typically, your claim’s approval will be contingent on three major factors: whether you are an employee, whether your employer carries workers compensation insurance, and whether you were injured while on the job.

Because New York State requires most employers to carry coverage, proving your eligibility for benefits shouldn’t prove too difficult when you have the help of our qualified attorneys.

Which Work Comp Benefits Does New York State Provide?

Work injury victims are also often concerned about which benefits they’re eligible for.

Some of the benefits you might receive are listed below:

  • Medical coverage
  • Compensation for two-thirds of your lost wages
  • Vocational rehabilitation
  • Loss of earning capacity

Help with Your NYC Work Comp Claim

If you have questions regarding how the workers compensation system works in New York, Finkelstein, Meirowitz & Eidlisz, LLP would be happy to provide you with answers.

Get in touch with our attorneys and schedule a free consultation by calling 212-385-9190 or by filling out our online contact form, which can be found at the bottom of the page.

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  • © 2017 Finkelstein, Meirowitz & Eidlisz, LLP

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