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Often, filing a workers' compensation claim in Manhattan follows the same legal process as in the rest of New York State. However, the complexity of proving the injury or illness is work-related often requires organized evidence and documentation. And it varies by case. A worker can get the legal support by looking for the best worker’s comp lawyers in Manhattan to streamline the claim process, make sure all legal requirements are met, and build a strong case. This is our detailed guide on how a worker should file a claim and prove work-relatedness.
Steps to Filing a Workers’ Compensation Claim in Manhattan with Attorney Support
Report the Injury or Illness to the Employer Promptly
Right Timing – New York law requires workers to notify their employer of an injury or illness within 30 days of the incident or diagnosis.
Correct Method – It’s best to give written notice, even though a verbal report is legally acceptable. The written notice should describe the injury or illness, including the date, time, and circumstances.
Apt Documentation – Remember to keep a copy of the written notice for personal records as proof of compliance with this requirement.
Seek Immediate Medical Attention
Any non-emergency medical care should be obtained from a medical provider authorized by the New York Workers' Compensation Board (WCB). However, in case of an emergency, it’s best to seek immediate care at the closest facility.
Remember to inform your medical provider with details. Make sure your doctor knows the injury is work-related, and watch out that they document this in the medical records. This is essential in establishing a link between your injury and the job.
File Form C-3, “Employee’s Claim for Compensation”
Workers should file Form C-3 with the WCB as soon as possible after the incident and ideally within two years of the injury or becoming aware of an occupational illness. This form asks for information about the worker, the employer, the injury, and how it occurred. Filling out the precise and complete information will help avoid delays. Additionally, Form C-3 can be filed online via the WCB website, by mail, or by fax.
Respond to Insurance Carrier Communications
Your employer’s workers' compensation insurance carrier should respond by acknowledging your claim and providing information on approved treatments, reimbursement, and other aspects. In case your insurance carrier disputes the claim, legal support may be necessary to resolve the issues at a WCB hearing.
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