Frequently Asked Questions
Nancy Bergan would like to share important answers to questions you may have about workers' compensation.
- I was injured at work. What should I do?
- Can I file a law suit for my injuries?
- How do I pay the attorney?
- Do I have to lose time from work to file a workers’ compensation claim?
- When will I receive my benefits?
1. I was injured at work. What should I do?
You should report the accident to your supervisor and request that an accident report be completed. You have thirty days to do this, although late notice to the employer can be excused in some cases. You should seek immediate medical attention. Advise your doctor how the accident happened and give the name of your employer. Do not pay the doctor yourself or use private health insurance. You should file a C-3, Employees Claim for Compensation Benefits, with the Workers Compensation Board as soon as possible. You must notify the Board of your injury or illness within two years or your claim could be disallowed. You can obtain this form from the Workers’ Compensation Board or from my office. If you retain me as your attorney, I will help you complete the C-3 form and file it with the Workers’ Compensation Board.
2. Can I file a law suit for my injuries?
Maybe. You can not sue your employer in the State of New York. Workers’ Compensation is an “exclusive remedy” for accidents and illnesses that are job related. However, you may have the right to sue a third party if they caused or contributed to your job related injuries. Often third party law suits are filed in construction accidents, motor vehicle accidents, slip and fall accidents and in situations involving defective products, medical malpractice, dog bites. My firm will evaluate your case for a possible lawsuit.
3. How do I pay the attorney for services in a workers compensation case?
Fees in Workers’ Compensation cases are only payable if there is an award of monetary benefits made by a Law Judge and the fee is not paid directly by the injured worker. If the Law Judge approves a fee, it is deducted from the award and paid by the insurance company to the attorney. The Law Judge sets the fee, which is usually 10 - 15% of the money awarded.
4. Do I have to lose time from work to file a workers’ compensation claim?
No. You can file a claim even if you do not stop working. You are entitled to medical benefits for treatment of your injuries or illness. Depending on the nature of your injury, you may be entitled to a substantial cash award even if you do not stop working. You may also be entitled to receive workers’ compensation benefits if you have returned to work and you are making less money because of your injury.
5. When will I receive my benefits?
A claim is paid if the employer or insurance company agrees that the injury or illness is job related. You are entitled to cash benefits if you are out of work for more than seven days. If you are out of work for more than two weeks, you will receive payments beginning on the day after your accident. Benefits will be paid when the insurance company receives information verifying the accident or illness from the employer and medical evidence from the doctor to support the claim for disability. Benefits can be delayed by failure of the employer or the doctor to file the proper reports. The employer or carrier can dispute the claim for a number of reasons. If the claim is disputed, no cash benefits are paid until a Workers’ Compensation law Judge hears the case and decides who is right. Disability benefits can be paid while the case is being disputed. The amount of cash benefit depends on your earnings before the accident as well as the degree of your disability.
