Discover the Claims Process for Long Island Workers’ Compensation
Businesses provide Workers’ Compensation insurance to protect employees who suffered an injury or became ill while working. New York’s Workers’ Compensation insurance provides for coverage of medical bills, lost wages, rehabilitation costs and death benefits.
Few employers are exempt from carrying Workers’ Compensation insurance on Long Island. Failure to do so leaves an employer subject to stiff penalties. An employer may also have to pay an injured or ill employee’s benefits out-of- pocket, leading to higher payments.
Once an employee sustains an injury or becomes ill at work, the employee can take several steps to receive immediate compensation for lost wages and medical costs.
1. An employee has to notify the employer in person or in writing of the injury or illness at first opportunity. Then, the employer should provide workers’ compensation forms. The employee must complete the forms accurately, detailing the extent of the injury or illness. These forms are vital to obtaining Workers’ Compensation benefits important for the injured or ill worker.
2. Next, the injured or ill employee must see a doctor immediately, even if the matter is not an emergency. The employee’s doctor can determine the nature and extent of the injuries and what steps are needed for a satisfactory recovery. Later, the employer may want the employee to see a doctor at the request of the insurance company to obtain an independent assessment. If this occurs, the employee will be notified.
3. Finally, the worker must complete and file the Long Island Workers’ Compensation claim forms. Filing these forms is vital for the employee to obtain benefits. Employees need to know that they are entitled to retain an attorney at this or any other point in the claim filing process. The Workers’ comp forms can be confusing and difficult, so the assistance of an attorney can be quite beneficial. Attorneys specializing in workers’ compensation claims often represent on contingency; therefore, they are only paid if the employee obtains a favorable settlement.
When the forms have been completed and filed, the Workers’ Compensation Board may decide a hearing is necessary to obtain further information. If so, the employee and the employer’s insurance company will be required to give evidence. Subsequently, a judge decides if the claim is denied. It is important to note that if the insurance company has not sent the employee for an independent medical examination so far, the insurance company will do so now. The doctor’s report becomes part of the file and will be considered by the Judge when determining compensation.
If the claim is denied in whole or in part, not all is lost. An employee is entitled to appeal from a denied claim. Employees can also appeal if their doctor’s opinion is rejected, if they are denied necessary medical treatment or if they believe any other aspect of their claim was erroneously rejected. The Board will hear employees’ appeals of their Long Island Workers’ Compensation case. Only evidence heard at the initial hearing is permitted in the appeal. This means it is of paramount importance that all vital evidence be submitted with the original claim. The decision regarding the employee’s appeal can be appealed to a higher court if necessary.
Get Your Long Island Workers’ Compensation Claim Started
Call the office of Robert Golan, PC at 516 586-3910 to receive a free case evaluation to start your claim to benefits.