Nobody expects to be hurt at work but, unfortunately, workplace injuries are common. While you have probably heard of workers’ compensation, you may not realize just how complicated and difficult it can be to get the compensation you’re entitled to. Workers who have been hurt on the job need to know their legal rights and responsibilities.

In New York, if you suffer a work-related injury or illness, you may be entitled to Workers’ Compensation benefits. These benefits include medical care, payments for lost wages, payments for permanent injuries, and reimbursement of out-of-pocket expenses. These benefits replace the income that is lost when you are unable to work and help you heal as completely and as quickly as possible. Unfortunately, many workers will encounter obstacles in their pursuit of medical treatment and compensation, even when their injuries obviously qualify for benefits. Often a hearing must be requested and held to commence payments of benefits. Claimants are required to attend Independent Medical Examinations (IME); these are medical examinations conducted by doctors employed by the workers’ compensation insurance carrier. And when (not if) a medical treatment is denied or an attempt is made to lower or suspend your benefits (based upon any number of reasons), a hearing must be held, and the issues litigated; this litigation may require depositions of medical providers and testimony of the parties. The insurance company is represented by attorneys; if your rights are to be protected, it is imperative that you have an attorney as well.

If you’ve been injured on the job and plan to file a claim for Workers’ Compensation in New York, there are two important things you need to do to before the process can begin. Your first responsibility is to get any necessary medical treatment for the injury. Your Workers’ Compensation claim must be supported by medical evidence; a medical report must state that your injury, disability, or illness was caused by the on-the-job accident or condition. This is an ongoing responsibility; injured workers will have to be regularly evaluated by doctors and complete hearings with the Workers’ Compensation Board to prove that their injuries or disabilities are still present and preventing work. Your second responsibility is to report the accident/injury to your supervisor or employer. The sooner you do these things after your injury, the better.

Your employer should then report the injury or illness to the state’s Workers’ Compensation Board (WCB) and the company’s insurance carrier. By law, you must then file a “C-3” form (Employee’s Claim for Compensation)with the Workers’ Compensation Board within two years of the accident or two years from the date you knew or should have known your medical condition was discovered or diagnosed as an “occupational disease.”

These deadlines are strictly enforced, and any mistakes made in filling this form can jeopardize your ability to recover compensation.

There are a number of factors that may affect your receipt of Worker’s Compensation benefits. The road to receiving and continuing to receive benefits can be difficult. We can help you navigate this complicated Workers’ Compensation claim process from start to finish, and help you secure the payments and treatments you are entitled to.

Schedule a free case consultation and evaluation today [[Links to “Contact Us page]]; we can personally explain things specific to your circumstances and answer any questions you may have.

Getting injured on the job can be incredibly stressful. Besides the physical pain, there’s the uncertainty of how you’ll support yourself and your family if you’re unable to work. With so much weighing on your mind, it’s understandable that you might be unclear on what steps to take. Here are four key things to keep in mind before you file a Workers’

Compensation claim:

1. Report your injury right away: You should notify your employer immediately (or as soon as possible) about your injury. Ask for the name, address and phone number of the Workers’ Compensation insurance company.

2. Get necessary medical treatment for your injury: The sooner you receive medical treatment, the better. Alert the treating provider to the fact that your injury occurred on the job and provide them with a detailed description of your accident and the injuries sustained.

3. Don’t quit your job: Even if you are on bad terms with your employer, don’t quit your job. Your rights are more protected if you remain employed.

4. Speak with an attorney: Before filling out any forms with your employer or insurance company, you should consult an attorney experienced in Personal Injury and Workers’ Compensation law.

Depending on the circumstances of your on-the-job accident, aside from Workers’ Compensation benefits, you may be entitled to personal injury damages from a negligent third party (e.g., the owner of a building where a construction accident occurred). Our firm will investigate all avenues of potential compensation and litigate both claims simultaneously.

Aside from on-the job-related third-party actions, we have extensive experience with mediating and litigating personal injury claims that are the result of construction accidents, trip/slip and falls, premise liability, and motor vehicle accidents. We can assist you in pursuing compensation for any monetary losses you have incurred, as well as damages for physical, mental or emotional effects caused by your accident.

If you have been injured in an accident, it is imperative you contact a legal professional immediately so that action may be taken before vital evidence is lost or the statute of limitations on your cause of action runs out.

At Pellegrini & Associates, LLC, we have extensive experience with personal injury lawsuits and third-party actions. We can help you navigate all the complexities of these types of cases and help you collect the damages you’re entitled to.

A note about COVID-19

In this new world of social distancing and virtual communication, we have found that practically all our business can be conducted via phone, email and video messaging. So, you can rest easy knowing we can work closely with you without the need for in-person visits. (In case you’re curious, our office is located in midtown Manhattan, just three blocks from Penn Station)