Anytime you are injured at work in the state of New York, your employer should give you a packet containing New York state workers’ compensation forms to complete. Of course, you do not always realize you have been hurt on the job while you are at work. Sometimes it may take time, even months or years, to understand that your injury is job related. Fortunately, it is not difficult to find the workers’ compensation forms you need. The New York State Workers’ Compensation Board has all the forms available on its website.
Workers’ Compensation Form – The C-3
The New York Worker’s Compensation Board offers a “Claimant Information Packet”, which contains the key form that employees need to fill out when they are hurt on the job, the C-3. On the C-3 you will list all the details needed to process your claim, including your personal details, details about the injury and how it is work related. You will complete this form and mail it to the District Office in your area.
There are other forms involved in the claims process, but they are for other parties like your employer and the doctor that examines you. For instance, your employer will complete the “Employer’s Report of Work-Related Injury/Illness”, form C-2F. The doctor will complete form C-4, the “Doctor’s Initial Report”, and mail it to the District Office. And after every 45-day period, the doctor will submit an additional form, the “Doctor’s Progress Report”, or form C-4.2.
There may be additional forms and information you need to submit as the claim moves along, depending on your circumstances, but your main focus should be completing the C-3 and submitting it as soon as you can. In New York, there is a two-year time limit for when you can apply for benefits following an injury, with only a few exceptions. The sooner you file, the sooner you can see your benefits.
Other Important New York State Workers’ Compensation Documents
- C-2F form (Employer’s First Report of Work-Related Injury/Illness): Implemented in New York in 2013 for employers when reporting an employee injury or illness; must be filed with the Board within 10 days of the injury or illness
- MG-2 form (Attending Doctor’s Request for Approval of Variance and Carrier’s Response): designed for and completed by the healthcare provider; allows request more than one test or treatment that is outside of or exceeds New York’s Medical Treatment Guidelines.
- EC-4NARR form (Doctor’s Narrative Report): provides an account of the patient’s initial medical care and possible continued care for injured worker; streamlines the filing process for the doctor and cuts down on the amount of paperwork
- RFA-1LC form (Requesting Further Action on Compensation Claims): allows the claimant’s attorney to request that the Workers’ Compensation Board revisit the claim and make another determination in regards to the employee’s benefits
Speaking To An Attorney in New York
Anytime you are injured at work it is always a good idea to speak to a New York workers’ compensation attorney. Although you are not required to talk to an attorney, the guidance he or she provides could make a major difference in your outcome. While workers’ compensation insurers and employers are legally obligated to take care of injured workers, many businesses and insurers will attempt to the bare minimum whenever possible. They are focused on maximizing profits, and will often avoid payment of benefits or avoid paying an adequate amount of benefits. By working with a New York attorney, you can look out for your best interests and ensure that you are treated fairly.
Third Party Claims
Part of the reason why workers’ compensation exists is because employees do not have the option of suing their employers for negligence. Instead, the employer guarantees that workers’ compensation will be provided. It is a compromise that does have benefits, but it also puts you in a difficult position if you need more money than New York’s workers’ compensation benefits are providing.
While you are not able to sue your employer for negligence, you do have the option of suing a third-party that contributed to the accident. If your accident was the result of a faulty product, or the recklessness of another contractor on the job site, you may be able to take legal action and get your much-needed compensation from the third party.
Get Assistance with Your New York Workers’ Compensation Forms
Even though the workers’ compensation forms you complete are fairly self-explanatory, there is nothing wrong with seeking the help of a legal professional when filling them out. The fact is, you should be talking to an attorney following your injury regardless. Paul Giannetti can help assist clients with the entire New York workers’ compensation process – including the completion of legal forms and documents.
If you have been hurt on the job, I want you to know that I am here to help. Having worked with numerous Albany area clients in workers’ comp cases, I know what it takes to protect your rights and ensure you get the maximum amount of compensation for your injuries. Please contact my firm now to discuss your situation. Let me use my knowledge to help you get the money you need for your injuries.