Manhattan Workers Compensation
Increase your chance of a positive claim resolution by working with an experienced Manhattan workers compensation law firm.
You might have a vague idea of what workers comp is, but many people don’t really know what it’s for and how it can help when you’ve been injured on the job. Workers comp is insurance that most New York employers must buy to protect you financially in the event of an injury or illness related to your work.
Workers comp insurance provides benefits that will pay for your medical costs. It will also provide you with cash benefits for your wages while you recover from your injury or illness.
If you have questions about filing a Manhattan workers compensation claim, contact our office. We have years of experience helping injured workers receive benefits, and we would be happy to help you.
Who Is Covered Under Work Comp in Manhattan?
You may not realize that the workers compensation law covers most Manhattan employees. Even employees who aren’t covered are typically protected by another type of insurance program. Knowing that you are likely covered in the event of an injury can, hopefully, provide you with some peace of mind.
Here is a list of some, not all, employees who are eligible for workers comp:
- Employees who work at a for-profit company, including part-time employees, temporary employees, and volunteers
- Employees whose work is considered hazardous
- State employees, including some volunteer workers
- Farm workers who are paid more than $1,200 a year
- Most workers who are paid by nonprofit corporations
What Is the Claims Process Like?
There are many steps and important time frames you must follow in order to guide your claim to a successful resolution. It’s important to follow them carefully because the insurance company is looking for any reason to deny your claim. Following these steps closely will help make a workers comp claim denial far less likely.
Here is an overview of the workers compensation claims process in Manhattan:
- Immediately following a workplace injury or accident, you should seek medical attention and inform the doctor that you were injured at work. You should notify your supervisor of the event, in writing, within thirty days.
- You must file a claim with the Workers’ Compensation Board as soon as possible and at least within two years of your accident.
- Within forty-eight hours, your doctor should complete a medical form and send it to the appropriate board office, with copies sent to you and to your employer.
- Within ten days of the accident, the employer must report your injury to the insurance carrier and to the work comp board.
- Within fourteen days of notification of your injury, the work comp insurance company must mail a statement of your rights. If the insurer requires you to use in-network medical diagnostic testing, it must also inform you of this requirement.
- Within eighteen days of notification of your injury, the insurance provider must begin making payments or must give you notice as to why it is not making payments (i.e., the insurer is disputing your claim).
- Every two weeks, the insurance company must make payments to you, until payments are stopped or altered.
- Every forty-five days, your doctor must provide a medical update to the work comp board regarding your progress.
- After twelve weeks, the insurance company may consider whether rehabilitation services are necessary.
Will I Have to Go to Court to Receive Benefits?
In some cases, insurers will approve a Manhattan workers compensation case quickly and begin making payments to you. However, it’s good to have legal representation in the event that your claim is denied. If your claim is denied for any number of reasons, your case will go to the New York Workers’ Compensation Board for resolution.
Sometimes, the board can help resolve the dispute, but in many cases, it can’t. At that time, the case will be taken before a judge, who will hear testimony, review your wages, and review your medical documentation before making a decision on your case. Even after the judge’s ruling, further appeals can be made.
Work with a Manhattan Workers Compensation Lawyer
If you need help filing a workers compensation claim or appealing a denied claim, work with a law firm that has extensive experience in workers comp cases in Manhattan. Our firm has successfully resolved over 22,000 work injury cases, and we can add your case to that list.
To get help with your Manhattan workers compensation claim, call an attorney with Finkelstein, Meirowitz & Eidlisz, LLP today. We offer a free consultation, so call us at 212-385-9190 or complete the contact form at the bottom of the page as soon as you can.