How Does Workers’ Compensation Work in Queens?

A sudden disability or occupational disease can have devastating implications on your life and financial security. For those suffering from job-related injuries in Queens, receiving wage replacement through workers’ compensation can be critical. However, understanding how to apply and the amount you are entitled is confusing for many injured workers.

Navigating workers’ comp procedures can be challenging, but skilled legal representation can provide you with valuable guidance. If you need assistance with a New York workers’ comp claim, a Queens personal injury lawyer can help. 

Key Components of Workers’ Compensation

Most employers are required under New York law to carry workers’ compensation insurance in the event of injury or illness. This insurance compensates injured workers for lost wages, and also includes reimbursement of medical expenses and prescription drug coverage. Death benefits are available to survivors who have lost a loved one. 

At the core is the New York State Workers’ Compensation Board. The Workers’ Compensation Board ensures the delivery of benefits and promotes compliance with the law. It administers all workers’ compensation, disability, and paid family leave benefits. 

Finally, the statute of limitations for filing a claim is two years. However, you must also notify your supervisor within just 30 days of your injury. Failing to notify your supervisor within this time could result in loss of your right to benefits. A death notice must also be made in this same timeframe. 

The Workers’ Compensation Process

Following an injury, employees should follow all steps to the workers’ compensation claim process. Failure to complete these tasks or make a timely filing can result in the denial of workers’ compensation benefits. 

The process for making a workers’ compensation claim includes:

1. Seeking medical treatment. You should seek medical care as soon as possible. Unless it is an emergency, treatment should be with an authorized medical provider.
2. Notify supervisor of injury. You need to notify your supervisor within 30 days of any injury.
3. File a claim. You should file a claim with the Board as soon as possible. 
4. Workers’ compensation board notice. This notice advises you, your employer, and all interested parties that a case has been created.
5. Employer notifies the insurance carrier. Within 10 days of notification, the employer must notify their insurer. 
6. Insurance provides a written statement of rights. Within 14 days of the notification, the insurer will provide a statement of rights and any requirements for using pharmacy or diagnostic testing networks.
7. Insurance begins paying benefits. Within 18 days of notification, insurance will begin paying benefits every 2 weeks during the disability period.

Additionally, if an issue arises during the pendency of your claim, you or your attorney can request further action from the Workers’ Compensation Board.

Who Can Receive Workers’ Comp Benefits?

Benefits are available to those suffering from a work-related injury or illness. Workers’ compensation is state-mandated insurance meaning that most employees are eligible for benefits, including part-time employees and family members employed by the business. Independent contractors and volunteers are generally not eligible. 

How Do I Get Workers’ Compensation in Queens?

To receive workers’ compensation in Queens you must abide by all workers’ compensation laws and guidelines. Be certain to follow the workers’ comp 30-day rule for reporting your injury to your employer. Failing to do so may result in denial of benefits. Since employer notification is crucial to your claim, written notice of the incident is advisable. 

Furthermore, you should be certain to see medical treatment from an approved medical practitioner. Do not use your own health insurance or pay any bills since workers’ compensation covers these costs for work-related injury and disease. 

If your employer or their insurer fails to take appropriate action on your claim, be certain to notify the Workers’ Compensation Board of any issues. Your attorney can help you with filing your claim and requests for action.

Who Decides if I’m Eligible to Receive Benefits?

The New York state workers’ compensation guidelines outline key components of the law and claim process. Ultimately, decision making regarding your eligibility falls into the hands of your employer’s insurance and the Workers’ Compensation Board. For those with a denied claim, appealing the decision can be critical to recovering benefits.

Those facing issues with their claim can request further action from the Board. If you have a denied claim you can appeal. The appeals process includes the following steps:

1. File an application for Board review.
2. Serve the appeal to all necessary parties.
3. Decision from a panel of three Board members.
4. Judicial appeal from the panel decision, if necessary.

If you need help determining whether you are eligible, or appealing an adverse decision, contacting a workers’ compensation attorney can be beneficial. 

Contact a Workers’ Compensation Lawyer Today

If you’ve suffered a work-related injury or illness, don’t manage claim filing alone. An experienced workers’ compensation attorney can help you every step of the way from notice to filing and during the appeal process. Their legal support can be invaluable during this daunting affair. 

At Gregory Spektor & Associates, P.C., our skilled workers’ compensation and construction accident lawyer can assist you with every aspect of your claim. We provide skilled guidance and dedicated support, fighting for what you are owed. Contact us today for a free consultation and to learn more about our services.