December 5, 2022
You went to a doctor to begin documentation of a workplace injury or condition and reported it to your supervisor within 30 days of the occurrence. You successfully filed a C-3 Form with the New York State Workers’ Compensation Board online, by mail, or over the phone. Perhaps you have sought professional legal help. Even if you have done everything right, you may find yourself asking, “What happens next?”
After reviewing your claim, the insurance company will either approve or deny the claim. If your claim is approved, those who are totally or partially disabled and unable to work for more than seven days are eligible to receive cash benefits from the insurance company. If your time exceeds seven days, the insurance company must begin payment within 18 days of approval. The monetary amount that you will receive is based on your average weekly wage and your degree of disability related to this injury. Payment is then issued every two weeks.
While the case may be accepted as a causally-related work injury, the carrier can still dispute and deny other issues throughout the claim, such as your degree of disability and payment amounts, attachment to the labor market, medical treatment approvals, and permanency.
If your claim is denied, the insurance company will give notice that it has denied your claim. The Workers’ Compensation Board will then set a pre-hearing conference. This is when you have the opportunity to provide medical evidence that supports your claim of injury enough to move forward with litigation. Then, a judge will set a date for further hearings. These may include your testimony, employer witness testimony, and medical testimony.
Remember, Workers’ Comp is a complicated and challenging process. At Zea Proukou, you don’t have to do it alone. We have an experienced team of caring and passionate legal professionals who are dedicated to helping you through the process from start to finish.
If you have any questions or would like to know more about how we can assist you, contact us at our Canandaigua office by calling 315-853-9444 or our Rochester office by calling 585-423-9444. You may also send us an email through our secure contact page.