NYC Workers Compensation Law 101: What To Do If You're Hurt At Work



The average worker’s compensation claim usually involves mountains of paperwork that your employer and insurance company make you fill out. The typical problem is that these forms are difficult to understand and your claim does not push through if you make a mistake filling these out. Here are a few samples of workers compensation claim forms you’ll need to deal with.

  • Initial report of injury or illness

You must report your injury immediately. The deadline is usually within 30 days of the accident and must be submitted to your employer. You will need to describe the details of the accident including the following:

  1. How it happened
  2. The exact time and date
  3. Where you have sustained injuries and its severity
  4. The circumstance of what happened
  5. What you were doing at the time when you sustained your injury
  6. Names of witnesses
  7. Any available pictures, videos, recordings that may exist

Make sure to mention if you called 911 because of the injury. There are some states that lets you simply give a verbal account of the accident but having hard proof of the accident makes your case stronger.

  • Medical forms

Your health will be scrutinized in great detail. If you ever get hurt while doing your job, the first step is to seek out immediate medical attention. Make sure you fill out the forms honestly and completely, these will be very important for filing workers compensation claims.

It makes it easier if you only visit one doctor to make sure your treatments and evaluations remain consistent. Your company will have you visit a doctor’s office covered by your worker’s comp insurance. Visit this office and request a document referral to your personal doctor’s office.

It’s worth noting that your travel expenses and some other personal expenses incurred by medical treatments can be included in your worker’s compensation claim for reimbursement.

  • Wage statement forms

This is a crucial for anybody looking to make workers compensation claims. These are used to calculate your wages to determine how much potential payment you have lost as a result of your injury.

A weekly payment is calculated by finding the average of your weekly earnings for the last few weeks before your accident. This calculation typically includes fringe benefits and gratuity commissions you have potentially lost.

  • Notice of denial

The decision to approve or deny workers compensation claims are usually done quickly. Should your claim be denied, you will receive a notice of denial. There are many possible reasons for denying a claim but keep in mind you have a right to appeal this decision.

  • Employee earnings report

You may be asked to report about the money you receive during a worker’s compensation claim to your employer, your insurance company, and the state worker’s compensation department. These forms can include reports on self-employed earnings, insurance settlements, and worker’s compensation payments. These forms typically have a deadline of 30 days.

  • Petition for benefits

There is a separate government office that takes care of workers compensation claim denials, disputes, and appeals. If you have reached this point without an attorney, it would be recommended to find one before pushing through with the appeal to maximize your chances of winning your case.

You will need to fill out a petition for workers compensation benefits that is similar to the first report of injury form. You’ll also need to check what other additional forms you may need to fill out with your state workers compensation office.

Making sense of all these forms can be difficult. To make the whole matter much easier on you, find a worker’s compensation lawyer you can rely on to handle the whole process for you so you can focus on recovering.

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