How to File a Work Injury Claim

Whether you work in a warehouse or an office, you are at risk of being injured on the job. Even if your profession is not inherently dangerous, you may still be at risk of sustaining an injury due to repetitive motions like typing or stacking boxes in a small storage room. If you have been injured on the job, you should contact a Work injury lawyer to discuss your options for recovering compensation.

The first step in filing a claim is to get medical treatment. It is important to do this as soon as possible so that there is a clear record of your injury and it can be linked to your workplace accident. After you have received medical treatment, you will need to file Form C-4, the Doctor’s Initial Report, with the Workers’ Compensation Board within 48 hours. An experienced attorney will help you submit this form correctly so that your employer can be held responsible for all of your losses.

Workers’ Compensation Processes Vary from State to State

Each state has different laws and procedures for filing a work injury claim. There are many details that can be confusing and a skilled attorney will be able to walk you through the process, alert you to potential pitfalls and help you navigate all of the bureaucratic red tape. If you are hurt at work and you are unsure of what to do, a lawyer can provide you with an honest appraisal of your situation and answer all of your questions.

If Your Injuries Are Severe

Insurance companies are more likely to contest claims for severe injuries. In addition, they may not properly structure workers’ comp settlements to cover all of your losses. An experienced attorney can help you maximize your benefits and ensure that they are structured to last well into the future.

You May Need to File a Third Party Claim

It is not uncommon for non-employer, non-coworker parties to be liable for a workplace accident and resulting injuries. For example, if you are hurt by a defective piece of machinery on a construction site, you can file a product liability lawsuit against the manufacturer. A work injury attorney will be able to evaluate your case to determine if it is appropriate to pursue a third-party claim for additional compensation.

You May Need to Work with Medicare

If you are injured on the job and you are a Medicare-eligible individual, you will need to enter into a WCMSA (Workers’ Compensation Medicare Set-Aside Arrangement) to cover your medical expenses. This is an agreement that designates a portion of your settlement to pay for your future medical expenses relating to the injury. A workers’ compensation attorney can help you understand the complexities of these arrangements and negotiate with the insurance company to make sure your medical needs are fully covered.

Almost everyone will need to file a workers’ compensation claim at some point in their lives. Fortunately, New York has one of the most generous workers’ compensation laws in the country. A qualified work injury lawyer can help you file your claim properly, protect you from retaliation, and maximize the compensation you are entitled to receive.