In a perfect world, workers’ compensation payments would begin as soon as an injured worker stops receiving their regular paycheck. In part, workers’ compensation is intended to reimburse medical costs and to replace lost wages. An injured employee can suffer severe financial hardships if a source of income abruptly ends.
If construction-related injuries are keeping you from working and earning your regular wages, call Friedman, Levy, Goldfarb, Green & Bagley, P.C. to speak with a New York City personal injury lawyer about expediting your claim.
What can an injured worker do to expedite payments of workers’ compensation benefits?
Injured workers in New York can improve their chances of approval of their workers’ compensation claims if they seek immediate medical treatment. They must also notify their employer of the injury in writing no later than thirty days after it happens. Many claims are delayed or denied because an employee failed to see a doctor, or only filed a claim with the New York Workers’ Compensation Board– without alerting the employer of the injury.
Employers and workers’ compensation insurance companies will point to the employee’s delays and notification failures to argue that an intervening non-work related accident caused the injuries.
What medical services should an injured worker seek?
An injured worker should seek emergency room treatment after experiencing an industrial accident or another job-related injury. For less severe injuries, an employee in New York can schedule a visit with their doctor– if they are on the list of registered New York physicians who provide workers’ compensation care.
The employee should inform the doctor that the injury was work-related, and the doctor will then file the appropriate forms for reimbursement of invoices for services. The employer or its workers’ compensation insurer may require the employee to see a different doctor for subsequent evaluation and treatments.
How quickly will workers’ compensation benefits begin if an injured employee follows all notice and filing requirements?
The doctor who examines and evaluates the injured employee should complete a report within 48 hours, and the employer or its workers’ compensation insurer should provide a written statement of rights within 14 days after the employee submits written notice of the injury to the employer.
If everything is in order, the insurer should begin to make payments within 18 days after it receives the report. If there are any problems with the claim, the insurer will send a dispute notice to the Workers’ Compensation Board.
The benefits that an injured employee is eligible to receive
The statement of rights from the workers’ compensation insurer will provide details of the benefits that an injured employee is eligible to receive– including when those benefits will be paid. Those benefits might include reimbursement for approved medical bills and medications, disability payments, and lost wages replacement. The insurer might offer a single lump-sum payment or a structured settlement that pays benefits over time.
An injured employee has a right to dispute an insurer’s settlement offer, but that dispute will generally delay the payment. An experienced workers’ compensation and New York City construction accident lawyer can help an injured employee to negotiate a dispute and to manage the pressure that the employee will inevitably feel to settle a case and to start benefits payments.
Do Benefits Payments Stop When an Employee Can Return to Work?
Structured workers’ compensation benefits that are paid out over time can include reimbursement for the above-noted benefits. However, some of those components might be reduced or stopped when an employee is well enough to continue working. In certain circumstances, partial disability payments and reimbursements of medical expenses might continue.
If an employee has retained a workers’ compensation lawyer, they will work on negotiating the largest payments over the longest time to give the employee the best opportunity to recover from injuries with a minimal impact on their financial wellbeing.
Call us For Legal Representation in Expediting Workers’ Compensation Claims
Call the Manhattan law offices of Friedman, Levy, Goldfarb, & Green to speak with a New York personal injury lawyer about filing for benefits and expediting the payments that you deserve.
Our attorneys represent New Yorkers injured in construction accidents in Manhattan, the Bronx, Long Island, Brooklyn, and elsewhere in the NYC metropolitan area. We understand the importance of rapid payments of compensation and we will fight tirelessly to get you the largest payments you are entitled to receive.
Additional Resources:
- www.dol.gov: Workers’ Compensation. https://www.dol.gov/general/topic/workcomp
- www.insureon.com: What Is the Workers’ Compensation Claims Process? https://www.insureon.com/small-business-insurance/workers-compensation/how-to-file-a-claim
- www.ny.gov: Workers’ Compensation Coverage – What to Do When an Accident Happens. https://www.wcb.ny.gov/content/main/Workers/lp_claim-process.jsp
