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What to Do If You Have Been Injured at Work – New York Accident Lawyer


What to Do If You Have Been Injured at Work – New York Accident Lawyer

What to Do If You Have Been Injured at Work – New York Accident Lawyer

work accident attorney

If you have been injured at work, contact Scott Russell Law for a free consultation today. As a former prosecutor, he will fight for your right to medical treatment and help you pursue your case at the New York Workers’ Compensation Board in Sullivan or Monticello counties.

First Steps

Workers’ compensation benefits provide for accidents and injuries that arise in the course of employment. Notify your supervisor and seek medical treatment immediately in the event of a workplace accident. With the exception of emergencies, your treating doctor must be authorized by the Workers’ Compensation Board. Your treating doctor then has 48 hours to complete a Doctor’s Initial Report and forward it to the Workers’ Compensation Board, you, your attorney, and your employer or its insurance carrier, if it is known. Report the accident to your employer in writing as soon as possible, but no later than 30 days from the date of the injury. You will likely lose your rights to workers’ compensation benefits if you do not notify your employer.

Your employer then has 10 days to notify the Board and its insurer of the accident. The insurer must either begin paying you benefits if you have been out of work for more than seven days, or notify all parties as to why it is disputing the claim within 18 days of receiving the employer’s report of injury. The insurer has 14 days to notify you of your rights and to provide you with information on its network for diagnostic testing, if any. Medical care may have to be pre-authorized, such as in cases where services will cost more than $1,000. Your doctor must submit a progress report to the Board every 45 days.

Filing a Claim, Settlement, and Hearings

You may file a claim with the Workers’ Compensation Board after you have filed a written report with your employer. You have two years from the date of the injury to do this, or from the date when you should have known that your injury was work-related. It is important to seek legal counsel as soon as possible because you have such a limited time to file a claim.

Some cases may settle after a claim has been filed. This is known as a Section 32 Waiver between you and the insurer. An attorney can assist you in negotiating with the insurer for a fair and adequate settlement. The Board recommends discussing your case with your doctor as well. Your physician can explain what future medical expenses you may have, which can significantly impact the value of your claim. Your case cannot be reopened after it is settled and approved by the Board.

Your claim may be heard by a judge at a hearing if you cannot agree to a settlement. The judge will decide if you are entitled to benefits, and if so, how much and for how long. The judge will typically consider testimony and evidence such as medical records at the hearing. Each party may appeal the judge’s decision within 30 days.

Scott Russell can handle any legal matter. As a highly experienced work accident attorney, he can help if you have been injured at work in New York. Please contact Scott Russell Law today.

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