Under New York law, injured workers have a limited time of two years following an accident to file a Workers’ Compensation claim. If the worker has contracted a disease following an incident at his or her place of employment, then the two-year rule can be adjusted, extending the rule to two years from the date of diagnosis. Contacting a Long Island work injury compensation lawyer will provide the proper representation and information needed for anyone that believes they have a case.
What a Long Island Work Injury Compensation Lawyer Does for Your Case
The chosen Long Island work accident compensation lawyer will assist in filing a special form with the New York Workers’ Compensation Board. The form required is a C-3 form. The notice of injury is sent to the employer.
The case will proceed through several steps and requires specific information the Long Island work injury lawyer works on, including the following:
1. An incident report is needed to determine the location of the work accident.
2. The worker’s employment status is verified with the employer.
3. Medical documentation is required to show that the injury was caused due to the work provided.
4. Check to see if the New York State Workers’ Compensation Board has jurisdiction over the claim.
5. The employee’s wage statements are gathered to ensure the proper calculations are made for the claim.
Having proper legal representation is crucial to a Workers’ Compensation claim. The experience of a professional is the best course of action because some employers try to deny Workers’ Compensation claims by blaming the employee.
Ways Employers Try to Avoid Workers’ Compensation Claims
Some examples of ways employers try to avoid the Workers’ Compensation claim are:
• Giving the employee bad reviews for work performance.
• Stating that the employee had a previous injury that was not related to the employment.
• Attempting to blame the injury on an incident outside of work.
• Suggesting that the injury is healed before the employee states that it is.
What Happens if the Workers’ Compensation Claim is Appealed
Following a denied Workers’ Compensation claim, there is an appeal process. The appeal can be submitted two to three months following the denial ruling. Some employees even chose to appeal the ruling as far as the New York State Supreme Court.
Having to appeal a Workers’ Compensation claim is common. Contested Workers’ Compensation cases happen for many reasons. Robert Golan, PC has represented injured workers in many Long Island and surrounding areas Workers’ Compensation cases. He has successfully argued and won three cases recently and high profile case appeals.Share This