Workers’ Comp Information

New York Workers’ Comp Attorney Answers Your Questions.

How do I file a New York Workers Compensation Claim?

The process is not difficult, but the subtleties of the filing can have a profound outcome on your case.

Below is a basic outline for filing a New York comp claim. Of course you must have suffered a work-related accident or occupational disease.

  1. Notify your employer. Under New York Comp Law you have 30 days to give your employer notice of the accident/injury. A failure to notify the employer can be excused by the board, but it is better to not have this argument with the insurance company.
  2. Seek Medical Attention. This is critical. If you don’t treat for your injury, there will be no way to connect the injury to your employment. Make sure that you tell your healthcare provider exactly how the injury occurred. It is better to seek attention for your injury, even if you don’t believe that it is very serious because it will help you prove your case.
  3. File a Claim with the New York Workers Compensation Board. This is a simple form that must be filed, but if you are not timely filing it with the board, you may be barred by the Statute of Limitations from bringing the claim. Furthermore, your credibility may be hurt if you delay in bringing your comp case.
  4. Seek Legal Representation. Having an experienced attorney will help ensure that your rights will be protected and that you will receive the maximum compensation you are entitled to under New York Workers Compensation Law.

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