How Long Can You Stay On Workers Comp In NY?

Filing A Workers Comp Claim

You have seen other injured workers file for benefits and receive compensation for their injuries. But when should you actually file? The process of filing a workers' comp claim in NY is very simple and requires minimal legal knowledge. This article will walk you through the steps of filing a workers' comp claim in NY and help you understand what happens next.

Workers' Compensation Law

The New York Workers' Compensation Law sets forth the requirements that an employer must comply with before an employee can file a claim. It is important to note that in order to file a workers' comp claim, you must first obtain a notice of injury. A notice of injury is a written statement that details the incident that caused your injury. A notice of injury must be filed within six months of the date of injury.

There are several ways to obtain a notice of injury. The simplest way to do so is to contact your employer. An employer who violates this requirement is subject to a fine. However, there are other options available to you as well. If you believe that your employer has violated the law, you may file a complaint with the Department of Labor. If you are injured in the workplace, the law requires that you file a claim for workers' compensation benefits. This is usually accomplished by completing and sending a claim form to the Division of Workers' Compensation. If you are a New York resident, you can use the form provided by the Division of Workers' Compensation to file a claim.

Once you have filed your claim, the Division of Workers' Compensation will evaluate the claim to determine whether or not you are eligible for workers' compensation benefits. They will then either approve or deny your claim. If approved, they will send you a certificate of eligibility. This document will state the amount of compensation that you are entitled to receive.

After the claim has been approved, the employer will begin paying you. Once the employer has begun to pay benefits, you cannot file an appeal. If you are unsatisfied with the amount of the award, you may file a modification request. You may also request a hearing in order to appeal the award.

Filing An Appeal

The New York Workers' Compensation Law allows an injured worker to file an appeal with the Workers' Compensation Board. The Workers' Compensation Board will hear the appeal and render a final determination. The process may take several months. If the Board decides to uphold the award, you have 30 days to file an application for review. You may also appeal a decision of the Workers' Compensation Board. You may also file an appeal directly to the New York Supreme Court. The Supreme Court will then make a decision based on the record that was developed by the Workers' Compensation Board.

If you are unsatisfied with the final ruling of the New York Supreme Court, you may file a motion for reconsideration. This motion may be filed up to four months after the Supreme Court's decision. You may also file a motion to reopen your case. This motion is made up to three years after the original case was filed.

In summary, the Workers' Compensation Law sets forth a detailed process for filing a claim for workers' compensation benefits. The process involves the submission of a notice of injury, the filing of a claim, the approval of the claim, and the payment of benefits. You must follow this process to file a claim.