Skip to Content

5 Steps to Take Following a Work Injury in New York

construction worker holding back of neck

Being involved in a workplace accident can be a frightening and stressful experience. In addition to the physical injuries you may suffer, you may be left dealing with mounting medical bills, lost wages, and the psychological effects of the accident.

Common Workplace Injuries

Workplace injuries are, unfortunately, all too common. While some workplace injuries are minor, others can be serious, leading to extensive medical treatment and lost time at work. Some of the most common types of workplace injuries include:

  • Slips and falls.
  • Repetitive motion injuries.
  • Back strains.

These injuries are often caused by unsafe working conditions or poorly designed equipment. For example, slips and falls can happen in workplaces that do not use mats or non-slip flooring. Back injuries can occur due to improper training on lifting techniques or improper safety equipment.

Follow These Five Steps

If you are involved in a workplace accident, there are certain steps you should take to ensure that your legal rights are protected.

1. Get Necessary Medical Attention

If you suffer a workplace injury, it is essential to seek medical attention as soon as possible. Not only will this help ensure that you receive the treatment you need, but it can also be used as documentation in any resulting workers' compensation claim.

2. Notify Your Employer of Injury

Employees have 30 days after a workplace accident to notify their employer of the injury. The notification should be in writing and include the date, time, and location of the accident, as well as a description of the injuries sustained. Those suffering from occupational diseases, which may take time to develop, have up to two years to notify their employer.

3. Keep Records of Documents

Any time you are injured at work, it is important to retain all documentation related to the injury. This includes any medical bills or records and any documentation from your employer. Keeping track of all documentation will help to ensure that you receive the total amount of benefits to which you are entitled. If you have any questions about what documents you should retain, you should always consult with an attorney who specializes in workers' compensation law.

4. Speak to a Workers' Compensation Attorney

An attorney can help ensure that the worker receives the full benefits to which they are entitled under the workers' compensation system. In addition, an attorney can help to investigate the accident and determine whether there is any potential for a third-party claim. By taking prompt action, a worker injured on the job can help protect their rights and ensure that they receive the full compensation they deserve.

5. File a Workers' Compensation Claim

After completing all the above steps, per your attorney's guidance, you should file a claim with New York State's Workers' Compensation Board. You have two years to complete and file your Employee Claim (Form C-3) with the Workers' Compensation Board. It is recommended that you do this as soon as possible, as the Board will determine whether or not you are eligible for benefits based on the information you have provided.

Finding a Workplace Injury Attorney After an Accident

At Schotter Millican, LLP, we are committed to protecting the rights of workers who have been injured on the job. We have extensive experience handling workers' compensation claims and will fight to get you the maximum benefits you are entitled to.

If you have been involved in a workplace accident that resulted in an injury, call us today at (718) 550-0610 or fill out our form online for a free consultation.

Share To: