Suffering from a work-related injury or occupational disease is stressful, especially when you’re feeling unwell and concerned about how you’ll support your family. At Nappa, Monterosso & Poznansky, LLP, our Staten Island workers’ compensation lawyers help injured workers in the greater New York City area get the benefits they need to safeguard their health and financial security.
Here, our attorneys answer a common question we hear from clients: “How long do benefits take in Staten Island?” We explain the New York workers’ compensation timeline, requirements for a successful claim, and how our dedicated lawyers can help.
Key Takeaways for Injured Workers in New York
- Report your injury—Notify your employer in writing within 30 days of your injury or knowledge of your illness.
- Get medical care—See a doctor as soon as possible so you can submit required forms and documentation promptly.
- File your claim ASAP—You have two years to complete and submit Form C-3 with the New York State Workers’ Compensation Board (WCB), but the sooner you get started, the better.
- Consult a lawyer—If your claim is disputed or denied, seeking the counsel of an attorney who understands the NYC Workers’ Compensation process will protect your rights during an appeal.
Understanding Workers’ Compensation in New York
Workers’ compensation is a form of insurance that employers in New York are required to carry. It provides wage replacement and medical benefits to employees who are hurt at work or become ill because of their job. If you’re injured at work, in most cases you’re entitled to receive workers’ compensation regardless of how it happened.
Who is Eligible for New York Workers’ Compensation Benefits?
You are eligible for benefits if your injury or illness arose in the course of your employment, including accidental injuries and occupational diseases that developed over time. Almost all employees in New York State are covered by workers’ compensation. However, some types of workers must file claims through other channels, including:
- New York City uniformed employees, such as police, firefighters, and sanitation workers
- Federal workers
- Independent contractors
It’s important to note that our firm only represents clients eligible under the New York State Workers’ Compensation system.
How New York Law Applies to Staten Island Claimants
As a resident or worker in Staten Island, your claim is filed through the New York State Workers’ Compensation Board and adjudicated under state law. While the Brooklyn District Office generally handles cases for Staten Island residents, the deadlines and requirements remain the same for most claimants across the state.
The Workers’ Compensation Claims Process In NY
The workers’ compensation timeline involves strict deadlines. You must provide written notice to your employer within 30 days of the accident or when you became aware of your medical condition. You must also file a formal claim (Form C-3) with the Workers’ Compensation Board within two years.
It’s best to notify your employer and file soon as you discover your injury or illness, as critical evidence can be lost and insurers may try to hold the lapse in filing a claim against you. If you need assistance, our experienced attorneys in Staten Island can evaluate your case and help you understand the workers’ compensation timeline and process.
Steps to Take to Protect Your Rights
Taking action to protect your health and gathering evidence to support your claim can help keep the workers’ compensation timeline running smoothly.
Seek Medical Care
The first thing you should do after an injury is seek medical care. If it’s a medical emergency, you may go to any available provider, including an emergency room. For non-emergency care, you must first see a doctor who is authorized by your employer’s Preferred Provider Organization (PPO) or the New York State Workers’ Compensation Board if they don’t participate in a PPO. Make sure to tell any provider you see that your injury is work-related. They will file a Doctor’s Initial Report (Form C-4) with the WCB.
Gather Evidence
Solid medical evidence can help you avoid denials and carries the most weight for claim approval or a substantial settlement. A Staten Island workers’ compensation lawyer can help you gather and submit additional proof as your treatment progresses and negotiate a settlement on your behalf, if necessary.
Types of evidence to gather includes:
- Medical information—The strongest evidence includes medical records, such as doctor’s notes, physical therapy notes, test results, treatment plans, and physician progress reports (PPRs) from every visit with a healthcare provider.
- Employment records— Job descriptions, schedules, and pay stubs prove you were working, how much you earned, and the tasks you were required to perform.
- Witness statements—Coworkers and other witnesses can corroborate how an accident occurred, report any hazardous conditions, and describe your work duties and environment. Ask anyone who saw the incident for a statement and contact information.
- Photos and videos—Take photos and/or videos of the scene, hazardous conditions, your injuries and anything else you may think is relevant.
- Correspondence—Make sure to keep all correspondence and documentation between you and your employer and their insurer. This includes letters, emails, texts, voicemails, and reports about the incident, your injuries, and recovery.
- Personal journal—Keeping a daily record detailing your symptoms, pain levels, and ways in which your injury or occupational illness has impacted your life can help build a strong case.
Include as much proof as you can when filing your claim. Continue to update it as new evidence comes in or your condition changes. If a claim is disputed or denied, our Staten Island workers’ compensation law firm offers access to respected medical and occupational experts who can lend credibility to your case by explaining the severity of your injury, how it is job-related, and why you’re unable to perform your duties.
How Long Does the Claims Process Take?
The workers’ compensation timeline varies widely depending on the circumstances of the case:
- In New York, if your clam is uncontested, workers’ compensation insurers must start paying lost wage benefits within 18 days of disability onset, after a mandatory 7-day waiting period for lost time.
- If you’re out of work more than 14 days, you get retroactive pay for that first week, with payments then typically issued bi-weekly.
- If your workers’ compensation lawyer is negotiating a settlement on your behalf, it may take more time than a straightforward claim for a more minor injury.
- If your claim is disputed or denied by the insurer, the process typically takes six months to over a year to resolve through the appeals process.
Correctly submitting your claim and providing required documentation from the start can help make the process take less time and run more smoothly.
Common Roadblocks & How to Avoid Them
- Insurer disputes and IMEs—A claim can be significantly delayed or denied if the insurer requests an Independent Medical Examination (IME), which may challenge your treating doctor’s opinion.
- Claim denials—An insurer may officially deny your claim with the WCB, which means you’ll have to begin the workers’ compensation appeals process. At this point, it’s essential to have an experienced attorney help you navigate your appeal and represent you in hearings.
- Documentation errors—Failing to report the incident or file all forms correctly and on time is a major pitfall; proper documentation and communication are essential to keeping your workers’ compensation case moving forward.
- Payment offsets—Be aware that Social Security Disability Insurance (SSDI) payments and workers’ compensation claims have an impact on one another and may result in a offset to your benefits. Our workers’ compensation attorneys can help you maximize the benefits or settlements you receive.
Why Choose Our Staten Island Workers’ Compensation Lawyers?
- Experience and dedication—Our companionate team at Nappa, Monterosso & Poznansky, LLP has decades of experience successfully helping injured workers navigate workers’ compensation and SSDI claims and appeals in the greater New York City area.
- Local focus—As native Staten Islanders, we understand the nuances of the NYC workers’ compensation process. Hearings for Staten Island claimants are often held virtually or at the Brooklyn District Office, so having a local attorney familiar with the local courts and medical community offers a distinct advantage. .
- Communication and accessibility—Our team believes that trust and personalized service are the foundation of a successful attorney-client relationship. To ensure those in our diverse communities are heard, partner and attorney Rolando Cubela provides direct representation to Spanish-speaking clients.
- Affordable representation—Our workers’ compensation attorneys and Social Security Disability lawyers take cases on a contingency fee basis. This means you pay no attorneys’ fee unless we secure an award or settlement on your behalf. Fees are regulated by the New York State Workers’ Compensation Board and the Social Security Administration (SSA).
Schedule a Consultation with a Staten Island Workers’ Compensation Lawyer
We know that navigating the NY workers’ compensation timeline can be daunting, but you are not alone. Nappa, Monterosso & Poznansky, LLP, is here to help. Contact us or call 718-273-9000 today to schedule a free consultation with a workers’ comp attorney near you in the greater New York City area.
