When you’re hurt on the job, the immediate steps you take are critical to protect your health and financial stability. At Nappa, Monterosso & Poznansky, LLP our Staten Island workplace injury attorneys are dedicated serving workers in the greater NYC area. Here, we discuss what to do in the first 24 hours of a workers’ compensation claim and how our lawyers can protect your rights.
Key Takeaways from this Article
- Report your injury—It’s vital to report an accident or injury to your supervisor or employer as soon as possible.
- Get medical treatment—Promptly see a doctor or go to the ER and clearly state that the injury is work-related to all medical providers.
- Gather evidence—Take photos of the scene and your injuries, get witness contact information, and ask for a copy of the incident report from our employer.
- Consult with an attorney—Speaking to a Staten Island workplace injury lawyer early in the process protects your rights and makes it easier to manage the complex claims process in New York.
Eligibility for Worker’ Compensation in New York
Workers’ compensation is a no-fault insurance system that provides wage replacement benefits and medical care to employees who are injured or suffer from an occupational disease because of their job. Nearly all employers in the greater New York City area are required to carry workers’ compensation insurance. Generally, employees are entitled to benefits regardless of how an injury happened.
Critical Deadlines and Required Forms
The timeline is strict for Staten Island workplace injury claims:
- You must provide written notice to your employer within 30 days of your injury.
- Although you have two years to file the official Employee Claim Form (C-3) with the New York Workers’ Compensation Board WCB), delaying this step can lead to insurance disputes, cause major payment delays, or result in a denial.
- Your medical provider must also file a report (now the CMS-1500) within days of your first treatment.
Missing any of these key deadlines is one of the most common reasons claims are workplace injury claims in New York are denied.
Your Checklist for the First 24 Hours
To protect your rights and your claim from day one, follow these steps immediately after a work injury:
Report the Injury
- Inform a manager, supervisor, or your HR department of your injury immediately.
- If possible, do it in writing, as this provides credible documentation essential to your case.
Document Everything
- If you can, take detailed photos of the accident site, equipment, your injuries, and any other relevant evidence as soon as possible. Collect contact information from any witnesses.
- Jot down or record everything you remember about how the incident happened. Documenting the scene immediately can lend credibility to your workplace injury claim.
Seek Medical Treatment
- Go to an emergency room immediately if your injury is serious or life-threatening.
- If it’s not an emergency and your employer’s insurer uses a Preferred Provider Organization (PPO), you typically must see a PPO provider first. However, if you want to see another doctor, after 30 days you may choose any WCB-authorized provider.
- Make sure to tell all medical providers that your injury is work-related. Detailed medical records establishing the link between your job and your condition provide valuable evidence that can support your claim and allow you to receive maximum benefits.
Contact a New York Workplace Injury Attorney
- The New York workers’ compensation process is complex. A workplace injury lawyer can take a look at your case and determine the best course of action.
- Speaking with a lawyer early ensures your initial paperwork is correct, supporting information is gathered and submitted, and important deadlines are met.
- Seeking legal help protects your rights from the start and sets a strong foundation for your case.
Common Roadblocks in New York Workers’ Compensation Claims
Insurer Tactics for Denying Claims
Your employer’s insurance carrier has the right to request that you attend an Independent Medical Examination (IME), which is an evaluation performed by a doctor they choose. Their role is to evaluate your condition and determine if it is related to your work or if you have reached Maximum Medical Improvement (MMI). A workers’ compensation lawyer can guide you on how to approach an IME and help you address any challenging questions.
An insurer may conduct surveillance to investigate the severity of your injury. To protect your claim, it is vital to be cautious about your activities and what you post on social media. Avoid posting photos and sharing your location or anything else about your injury online.
They may also deny claims by challenging key facts, such as:
- Disputing whether your injury is related to your work duties.
- Claiming a pre-existing condition is the cause of your injury or symptoms.
- Looking for inconsistencies between your initial accident report and medical records or testimony.
- Claiming a workplace injury was caused by willful misconduct, such as violating safety rules or being intoxicated on the job.
Our Staten Island workplace injury lawyers provide a vigorous defense against these underhanded tactics and know how to counter them with compelling evidence and arguments.
The Right to Appeal
If your claim is denied, you have the right to an appeal the decision. This process is complex, with strict deadlines and requirements, so it requires prompt action. Generally, the appeals process consists of:
- Initial hearing—the first step involves requesting a hearing before an Administrative Law Judge (ALJ).
- WCB board panel—if the ALJ denies the claim, the next step is an appeal to the WCB Board Panel, a process involving Form RB-89, which must be filed within 30 days of the ALJ’s decision.
- Judicial appeal—if the Board Panel denies your claim, the final step is to appeal to the New York State Supreme Court.
The appeals process can be lengthy and overwhelming. A workers’ compensation attorney can handle filings and deadlines, prepare you to testify, and present convincing arguments to the ALJ, Board Panel, or the court.
Managing Benefits and Settlements
To maximize the value of your claim, your attorney will ensure your benefit payments are calculated correctly and provide guidance on issues such as:
- Working light duty —We advise you on whether you can work part-time or light duty without losing your workers’ compensation benefits.
- Lump-sum settlements—Our workplace injury attorneys in Staten Island can also explain the implications of a settlement agreement and how it could affect your future payments and overall compensation.
- Benefit offsets—We clarify how your workers’ compensation payments may be offset or reduced if you also receive benefits from Social Security Disability (SSDI) or decide to file a third-party liability claim if someone other than your employer is responsible for your injury.
Social Security Disability Insurance and Workers’ Compensation
When a workplace injury results in a disability that prevents you from performing any substantial work for at least 12 months, you may also be eligible for Social Security Disability Insurance (SSDI). Our firm handles both workers’ compensation and disability cases. We offer seamless guidance on whether you should apply for SSDI and how to maximize any benefits you may receive.
We can help you navigate the separate Social Security Disability application process and strategically coordinate your claims to minimize the federal offset, which is a reduction in benefits that can occur when you receive payments from both programs.
Why Choose Our Staten Island Workplace Injury Lawyers?
When dealing with a complex workers’ compensation claim, you need a local, dedicated legal team who understands the nuances of New York law.
- We care about our clients—As native Staten Islanders, we’re invested in our communities. Nappa, Monterosso & Poznansky, LLP is the largest workers’ compensation law firm in Staten Island. We have proven track record of success helping injured workers in the greater New York City area.
- Concentrated focus—Our practice areas include both New York workers’ compensation claims and Social Security Disability cases.
- Client-centered philosophy—Our team’s client-first approach prioritizes open communication and personalized service. Partner Rolando Cubela is fluent in Spanish, providing our Spanish-speaking clients access to the top-quality legal counsel they deserve.
- Fees based on results—You won’t incur any upfront costs and pay attorney’s fees only if we secure benefits for you.
Contact Our New York Workplace Injury Attorneys Today
If you’re unsure of what to do in the first 24 hours after a work injury or need help with an existing claim or appeal, the trusted team at Nappa, Monterosso & Poznansky, LLP, is here for you. Contact us or call 718-273-9000 today to schedule a free consultation with a workplace injury lawyer near you in the greater New York City area.
