There’s nothing worse than getting injured on the clock. Your job is where you go to make money so when you’re suddenly unable to do that, it can create a stressful situation for both you and your loved ones. The workers’ compensation system in New York is a no-fault system, meaning that you deserve to be compensated for your injuries regardless of who was at fault. Despite this, individuals could be putting their workers’ compensation benefits at risk by making these common mistakes. Learn more about what they are – and how to avoid them in today’s blog post.
Not Reporting Your Accident Right Away
In the moments after an injury occurs, it’s understandable if your first priority is to seek medical attention. However, once you’ve been looked over by a doctor, it’s critical that you report your injury to your supervisor in a timely fashion. In New York, injured workers have only 30 days to notify their employer of the accident. This is an incredibly short window and once it closes, your ability to recover compensation becomes increasingly difficult.
Not notifying your supervisor of your injuries will have a ripple effect on your claim, mainly because the longer you go without notifying anyone of the injury, the more likely it is that the employer and insurance company may be suspicious of the severity of your injuries. They may argue that if it was truly serious, you would have reported it sooner.
Not Seeing the Doctor Your Employer Recommends
In New York, injured workers have the right to select a doctor of their choosing, who has been authorized by the New York State Workers’ Compensation Board. However, this option is waived if your employer’s insurance company has a Preferred Provider Network. If your employer’s insurance company has a Preferred Provider Network, you are required to see a doctor within the network within the first 30 days of your treatment. After the 30 days are up, you have the option to switch to a doctor of your preference.
If your company has a Preferred Provider Network and you don’t see one of their providers within those first 30 days after treatment, the insurance company may deny your claim.
If you have questions about finding a doctor that has been authorized by the New York State Workers’ Compensation Board, click here.
Not Following the Doctor’s Orders and/or Recommendations
One of the most common mistakes people make is not following up with their doctor or adhering to their recommendations. Missing an appointment or not following orders may result in your workers’ compensation claim being denied or delayed.
If, let’s say, you have a disagreement with your doctor regarding the course of treatment, you should let your attorney know so they can request a hearing with the Workers’ Compensation Committee.
Not Being Honest About Your Injuries
Some individuals may feel scared about being totally honest about their injuries for fear of losing their job or jeopardizing their chances of getting compensation. While this is understandable, it’s always in your best interest to be fully honest with your supervisor about how the incident occurred, as well as the true extent of your injuries with your physician. Not doing so may result in an incorrect diagnosis and improper treatment, which will cause you more harm than good. If you have a pre-existing condition, be upfront with your doctor. You are still entitled to recover compensation if a workplace injury aggravated a pre-existing medical condition. Lying about the truth will only damage your claim.
Not Hiring an Attorney
Workers’ compensation is a complex system that an experienced attorney can help you with. Your attorney can assist you at all stages of your workers’ compensation claim, whether it’s filing the necessary paperwork or filing an appeal if your claim was wrongfully denied. When you’re injured and out of work, delaying your options for compensation is never a good idea. A skilled workers’ compensation attorney will work with you and handle the burden of dealing with the insurance companies so you can focus on what matters most – getting better.
Contact A New York City Workers’ Compensation Lawyer To Discuss Your New York Workplace Injury Case
A work-related injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although New York workers’ compensation laws are supposed to provide you with reimbursement for medical expenses and replacement pay for missed time at work, it is not always easy to get the workers’ comp benefits you deserve. That is why you should speak with a knowledgeable workers’ compensation lawyer about your situation and get guidance throughout the claims process. Proner & Proner represents clients in Queens, Brooklyn, Manhattan, Staten Island, and all across New York. Call 212-500-1003 or fill out our online contact form today to schedule a free consultation about your work injury case. Our main office is located at 60 E. 42nd Street, Suite 1503 in New York, NY 10165, and we also have offices in Queens, Brooklyn, Bethel, and the Bronx.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.