Filing a Workers’ Compensation Claim

If you have suffered a work-related injury, you may be able to file a workers’ compensation claim. New York workers’ compensation lawyer Richard R. Rowe is a seasoned attorney who can evaluate your case and help you file your claim. He provides his clients with individual legal services in seeking the best possible outcome to their claim. Call us today to discuss your workers’ compensation case.

TYPES OF INJURIES IN WORKERS’ COMPENSATION CLAIMS

If you were hurt at work, you can claim workers’ compensation for two types of injuries. These are:

• Accidental injuries. This is straightforward: if you were in an accident at work and suffered injuries as a result, this category would apply. Common examples include a trip or fall at your workplace, or an injury sustained while operating work-related equipment.
• Occupational diseases. In these claims, the medical condition is caused by the type of work you do. For example, you can file a claim for a condition caused by exposure, such as asbestosis, if you breathed in asbestos while at work. Another example is filing a repetitive stress claim if repeatedly performing a task with your hands caused carpal tunnel syndrome.

The law allows you to recover benefits for both types of injury. There are certain time limits for filing a claim, so it is important that you speak with an attorney who specializes in workers’ compensation to secure your rights as soon as possible.

HOW TO INITIATE A CLAIM

A workers’ compensation claim can be initiated by the employee through the filing of a C-3 form, or by the employer through a C-2 form. Each form provides the state Workers’ Compensation Board (Board) with the names of the parties, the claimant’s job and salary, the alleged incident, and the alleged injuries.

Once the forms are completed, the employer or insurance carrier can then either partly or fully accept the claim, or object. If the Board believes there are no issues to dispute, it may try to resolve the matter by issuing Administrative and Proposed decisions. If a party believes a decision is wrong, however, it can dispute it.

DISPUTE HEARINGS

A party can object to any decision made by the Board that it believes is wrong. If there is a dispute, a hearing will be scheduled before an administrative law judge. Hearings in Suffolk County take place in Hauppauge, and those in Nassau County are heard in Hempstead.

Workers’ compensation hearings are usually less formal than those in trial courts, but respect must be given to judges, opposing parties, and their counsel. Employers and insurance carriers are usually represented by a lawyer. Testimony, legal arguments, objections, and decisions made by the judge are recorded by a court reporter, but other parts of the hearing may be left off the record. Decisions made by the judge can also be appealed. If a party objects to a decision, it can file a request for the Board to review it. Any Board decision can be appealed further to the New York State Supreme Court, Appellate Division, for the Third Department.

DEDICATED WORKERS’ COMPENSATION LAWYER

New York work injury attorney Richard R. Rowe represents injured employees in their workers’ compensation claims. Mr. Rowe provides his clients with knowledgeable, personalized service to ensure each case receives the attention it deserves. He will prepare your claim, negotiate with insurance carriers, and represent you before the Board. Call us today at (631) 285-6500 or contact us online for a free consultation.

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