Simply put, many employers do not want to file Workers’ Compensation claims with their insurance carrier. They will tell an injured worker that everything will be taken care of. They often tell the worker that he or she will receive their wages and to simply hand in the medical bills and they will get paid. When you hear statements like this, beware.
Employers who do not want to properly submit claims to their Workers’ Compensation insurance carriers may not only be breaking the law, they may be putting your legal rights in jeopardy. By not filing the appropriate paperwork, within a specific timeframe, you may compromise your right to collect Workers’ Compensation benefits. Often times what appears to be a relatively minor injury will turn out to be more significant. If a claim is not filed properly, that claim can be dismissed by an Administrative Law Judge even if it turns out that the injury has caused extensive lost time and resulted in huge medical bills.
Regardless of how severe the injury is, we strongly recommend filing a C-3 form with the New York State Workers’ Compensation Board and with your employer. This should be done immediately following the accident. By filing the C-3, you are protecting yourself from any defenses that your employer’s insurance carrier will routinely make. First, the insurance carrier will not be able to bring into question your credibility by arguing that you did not file the claim immediately and therefore something seems fishy. Next, you will have filed your claim and reported your injury within the timeframe prescribed by Section 18 and 28 of the Workers’ Compensation Law.
By filing your C-3 promptly, the Workers’ Compensation Board will have notice that you were injured at work and if a hearing needs to be set because the employer is disputing your claim or the insurance carrier is refusing to make payments for lost wages, you will have a claim set up and you will have a shorter wait in order to get a hearing to address these issues.
Albany injury attorney, Paul Giannetti has represented hundreds of injury victims in personal injury, workers compensation and social security disability matters throughout upstate New York. His firm handles all types of accident and injury cases and represents only injury victims.