Jonathan H. Poznansky, Attorney at Law

How does a workers' compensation claim generally proceed?

Workers' compensation benefits are key to helping an injured New York worker make ends meet and get the treatment they need. Knowing the path of a workers' compensation claim can serve as a guideline of what to expect as the case moves forward.

The worker must inform their employer about the injury and how it happened. The Workers' Compensation Board will not penalize a worker who could not give this notice if the employer was aware of what happened.

Within 48 hours of the accident, the treating doctor must provide a preliminary report and mail it to the District Office. Within 10 days of the accident, the employer must report it to the insurer. Within 14 days of the employer receiving the first report, the insurer will give the worker a written statement of their workers' compensation rights.

Within 18 days of the accident or 10 days of the employer learning of the accident, whichever is longer, the insurer will begin paying workers' compensation if the worker misses more than seven days of work. When a dispute arises, the insurer must tell the WCB.

If a claim is denied, the employer or insurer must tell the WCB within 25 days. Failing to do so can prevent the employer or insurer from certain defenses. If there are other issues, such as a partial denial that is preventing payments from being made, these must be filed with the WCB within 25 days of the commencement of the case.

Workers' compensation claims can sometimes be difficult. When there is a workplace accident, it is wise to be fully protected. Simply thinking the workers' compensation benefits will automatically be provided is a mistake. Having legal representation from a law firm that specializes in helping injured workers with their workers' compensation benefits is a wise step.

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