Everything You Need to Know About Worker Compensation Claims and Disability Benefits
At some point in time, we all have come across someone who has been injured at the workplace. It's not only factory workers and people on the field who get injured. Employees with a desk job, too, get injuries. Injuries can be of any nature, from slipping and falling in a factory to spinal injuries due to desk jobs or driving cars. Several people get injured and can even get disability on the job.
For such workplace injuries, the government enacted the worker's compensation law. Under different States law, all the employees injured during or due to work are eligible for compensation. Irrespective of what the nature of the injury is. Law was established to ensure that injured workers get appropriate medical attention and wage replacement benefits when they cannot work. It is insurance.
Such claims come under the state Workers' Compensation Board, and the disability claims come under Social Security Administration. Injured workers get cash benefits or medical care under worker's compensation law. As the law is statewide, it's the same whether you are in Albany, Syracuse, NYC, or Mineola.
Outlined is the process to get the claim.
- When faced with an injury, first seek medical attention and notify the incident to your supervisor. The injured should inform the employer about the accident in writing within 30 days of the incident.
- The doctor needs to complete the preliminary checkup and complete the report Doctor's Initial Report (C-4). It is emailed to the relevant District Office and involved parties.
- File the claim within two years of the accident, or the realization that the injury was work on the job. The injured employee needs to send the Form Employee Claim (C-3) to the relevant Board District Office.
- The employer should report the accident to the Board and the insurer. This must be completed within ten days of the employer getting the notice
- The injured employee receives a statement of their rights under the law from their insurer after receiving the Form Employer's Report of Work-Related Injury/Illness.
- It’s common for disputes to arise in compensation claims. When it does, the insurer informs the Board and the claimant.
- The employee can lose the right to compensation if they don't give the employer a written notice or file the accident's claim.
- If the injury causes disability the injured can apply for Social Security Disability Insurance (SSDI) program.
- The Social Security Administration handles this program.
- Using the checklist, the injured submits the completed application.
- After the receipt of the application, they run a few checks. If you meet the requirements for how long you have worked, your current work status, and a few other things.
- Then the administration will either contact you for more documents or with the decision whether you would be getting the benefit.
- You can also appeal against the decision in writing within 60 days of receiving their response.
- The workers' compensation benefits have a limit placed by law. The payment decreases as the employee recovers and performs their job duties. Usually, you will be paid two-thirds of your salary.
Injured employees are afraid they will lose their jobs if they make a claim. Often people are not aware that worker’s compensation benefits are taken from every paycheck. So, the insurance company pays the claim money and not the employer.
However, filing the claim isn't always a direct and straightforward claim. Sometimes, employers or insurance companies might allege that workers' injuries did not develop while at the job or the injuries aren't as severe as the worker claims. They will try to deny or minimize employee compensation benefits.
It’s always good to have someone besides guiding you through the intricate process. When you develop an injury or realize the injury is work-related, it’s best to contact an expert attorney on worker’s compensation.
We are a firm that has the right experience, expertise, and worker's compensation attorney in Mineola. We not only work with workplace injury claims but also handle disability claims. In this way, you don't have to hire and coordinate with multiple firms to manage your various claims. We oversee all the aspects of your claims, right from consultations, communication with multiple parties to gathering vital medical information. We make sure your application is thorough to increase your chance to receive the benefits.
The process of claiming workers' compensation benefits can be time-consuming and trying; with an expert workers' compensation attorney, it can become more comfortable for you. If you or anyone you know is injured due to work and is planning to file your claim, please feel free to reach out to us. We can learn more about your case and see how our workers' compensation lawyers may be able to help you. Everyone works hard at their jobs, and no one should struggle financially due to a workplace accident.
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