How to Correctly Handle a Worker’s Compensation Claim in Brooklyn

Complete and Submit Form C-3, “Employee’s Claim for Compensation”

Workers should file Form C-3 with the New York Workers' Compensation Board as soon as possible and ideally within two years of the injury or becoming aware of a work-related illness. Form C-3 requires you to detail the injury, the nature of your work duties, and how the incident occurred. It must be accurate and complete to avoid any processing delays. Form C-3 can be filed online via the WCB website, by mail, or by fax. Once filed, the WCB will review the claim and assign a case number to you.

Follow-Up with the Employer’s Workers' Compensation Insurance Carrier

Your employer’s insurance carrier should acknowledge receipt of the claim and provide information on approved medical providers, procedures for follow-up care, and coverage details. In case your insurance carrier contests the claim, you may need to attend a hearing before a Workers' Compensation Law Judge to resolve any disputes over benefits.

Attend Any Required Hearings or Medical Examinations

The insurance carrier may require the worker to attend an Independent Medical Examination (IME) with a doctor chosen by the insurer. The purpose of the IME is to assess the injury’s severity and confirm its work-related nature. If there are disputes with your claim (e.g., denial of the claim, disagreement over benefits), the WCB may schedule a hearing. You should be prepared to provide additional evidence and can benefit from legal representation to advocate effectively during the hearing.

Seek Legal Support

While legal representation is not required for all claims, it’s indisputably beneficial in cases that are complex or contested.

They can Help Filing and Documentation Support

An experienced attorney can help make sure that all forms, such as Form C-3, are accurately completed and submitted within the deadline. They can also assist with organizing medical records, evidence of lost wages, and other essential documents to support the claim.

They can Handle Disputed Claims

If the claim is denied or benefits are limited, a lawyer can appeal the decision and represent the worker at hearings before the WCB, helping argue your case with a full understanding of relevant laws and procedures.

Support Negotiating Settlements and Benefit Amounts

Some workers’ compensation cases are resolved through timely settlements. A lawyer can evaluate whether a settlement offer is fair and negotiate with the insurance company to secure a higher payout if necessary, considering future medical needs and wage losses.

Protecting Against Employer and Insurance Company Tactics

Employers or insurers may sometimes attempt to minimize the impact of your injury or push for a premature return to work. An attorney can advise you on dealing with these situations, so that you are not pressured into accepting inadequate benefits or returning to work prematurely.

Provide Advise on Third-Party Claims

If a third party (such as an equipment manufacturer or contractor) may be partly responsible for the injury, a workers' compensation lawyer can explore filing a third-party personal injury lawsuit. This will be in addition to the workers’ compensation claim, potentially increasing your overall compensation.

Help You Comply with Ongoing Requirements for Benefits

Once benefits are approved, you must comply with any additional requirements, such as attending regular medical check-ups or submitting updates on your condition. The right legal guidance can help make sure all requirements are met without jeopardizing potential benefits.

How to Choose the Right Legal Support in Brooklyn

Experience and specialization are essential. Look for a lawyer who specializes in New York workers' compensation law and has experience with Brooklyn cases. An attorney with local experience will be familiar with the WCB offices, judges, and typical timelines.

Many workers' compensation attorneys offer free consultations, which allows you to discuss your case and get a preliminary opinion before committing to representation.

Finally, in New York, workers' compensation lawyers typically work on a contingency basis, meaning they are paid a percentage of the benefits or settlement only if they secure a favorable outcome.

For Brooklyn workers filing a workers’ compensation claim, it is essential to follow New York’s guidelines for notifying the employer, seeking medical attention, and submitting necessary forms. When cases are straightforward, workers may not need an attorney. However, in cases involving disputes, claim denials, or complex injuries, seeking the support of an experienced workers' compensation lawyer in Brooklyn can significantly increase the chances of a successful claim. It can help assure that you receive the full range of benefits available under New York law. This support can be critical in complex cases or when an employer or insurer attempts to contest you – the worker’s – eligibility or the extent of benefits.

To get a free consultation with some of the most successful worker’s compensation lawyers in Brooklyn, contact Gabriel Law.