Workers’ Compensation Attorney in Manhattan
State and federal workers’ compensation laws help the nation’s employees pay for medical treatment, afford their monthly bills, and otherwise maintain financial stability when their jobs result in injury or illness. Most employers in the United States are legally required to carry workers’ compensation insurance, and they are not allowed to charge their employees for this insurance.
Unfortunately, obtaining workers’ compensation is not always easy or straightforward, which is why our attorney at the Law Office of Patricia M. Machado, P.C. is here to assist you. With more than 24 years of legal experience, she has what it takes to help you obtain the funds you need and deserve.
Workers’ Compensation Laws in New York
In New York, all employees of for-profit businesses and most employees of not-for-profit employers are eligible for workers’ compensation. Additionally, there is no residency or immigration status requirement. As such, even undocumented workers can receive workers’ compensation.
The workers’ compensation process is relatively simple. You will need to file a C-3 form with the Workers’ Compensation Board, which you can do online. Additionally, it is critical to seek medical treatment and notify your supervisor right away. You will need to document as many details of the incident as possible, and the notification you give to your supervisor or employer must be in writing and submitted within 30 days (but preferably sooner). If you don’t file your claim and notify your employer, you may forfeit your opportunity to obtain compensation.
To help you understand the entire process, here is a general timeline:
- You seek medical treatment, notify your employer, and file a claim as soon as possible after the incident.
- Your doctor completes a medical report and sends it to the required parties within two days.
- Your employer reports the injury to both the Workers’ Compensation Board and their insurance company within 10 days.
- The insurer sends you a written statement regarding your rights (and network information, if applicable) within 14 days of receiving your employer’s report.
- If you’ve lost more than seven days of work, the insurer begins making payments to you within 18 days of receiving your employer’s report. You will receive payments every two weeks.
- Your doctor sends progress reports to the Workers’ Compensation Board every 45 days.
- The insurer evaluates the need for rehabilitation after 12 weeks.
This timeline may not be what you experience, if either party fails to fulfill their obligations or someone disputes your claim. In either event, our attorney is here to advance your best interests and ensure you receive the compensation to which you are justifiably entitled. Backed by 20+ years of experience, our counsel and representation will maximize your odds of achieving a favorable resolution and maintaining long-term financial security.