If you were injured at work, you probably already know that you should file a workers’ compensation claim to help you cover the cost of medical care and missed wages while you recover. Beyond that, the workers’ compensation process is often a bit of a mystery. If you have questions about what happens after filing a claim or when payments begin, you’re not alone. The workers’ compensation procedure involves several key steps, and understanding how the process unfolds after submitting a claim can make it easier to navigate.
Breaking Down the Workers’ Compensation Process
The workers’ compensation process involves several steps. First, you need to report your injury in writing to your employer as soon as possible. This must occur no later than 30 days following a workplace injury. Next, you should seek medical attention right away from a provider who accepts workers’ compensation insurance. The NYS Workers’ Compensation Board offers an online resource to assist with this search. After meeting with an appropriate provider, you need to file a C-3 form with both the Workers’ Compensation Board and your employer’s insurance company to start your claim. This must be submitted within two years of an accident, though the sooner you can file this form, the better. Once your claim is filed, the employer’s insurance company must respond by either accepting or disputing your claim.
How Long Does It Take to Get Workers’ Compensation?
If your claim is accepted, the insurance company must start paying you within 18 days of when the disability began or within 10 days of learning of your injury; whichever event occurs later is when benefits typically begin. However, the insurance company only has to pay you if your disability exceeds seven days, meaning that you missed more than one week of work due to your workplace injury. The insurance carrier is supposed to continue to pay you every two weeks while your disability continues.
What If the Insurance Company Doesn’t Pay?
If you don’t start receiving benefits as expected, there is a good chance the insurance company will deny your claim, and you will likely have to litigate your claim before the Workers’ Compensation Board. In these situations, the insurance company is required to file a document called a pre-hearing conference statement. If the insurance carrier fails to do so promptly, it may waive certain defenses to your claim. Unfortunately, the workers’ compensation litigation process can take several months.
If you file a claim and you do not immediately lose time from work, the insurance company is still supposed to provide notice as to whether or not it is accepting your claim. There are minimal repercussions against the insurance company for failing to provide timely notice unless or until a notice of indexing is filed by the Workers’ Compensation Board. This is why it is so important to seek medical treatment immediately from a provider familiar with the workers’ compensation system. The insurance carrier will waive certain rights by failing to act within 25 days of the filing of the notice of indexing.
When to Contact An Attorney
The workplace injury procedure is complex, with a number of deadlines for both the injured worker and the insurance company, each with different consequences. To protect your rights, you may want to consider having an experienced advocate on your side. Your employer’s insurance company will have one representing its interests. If you have questions, call Lewis & Lewis, P.C. today for a free consultation.
