Answers To Frequently Asked Questions About Workers’ Compensation

BMCQ Law, with our nearly a century of experience, have compiled a list of frequently asked questions and answers.

If I am injured at work, what should I do before filing a workers’ compensation claim?

Inform your supervisor or employer in writing about your injury – when and how it occurred.

Inform the doctor or medical professional treating you as to how the injury occurred – it is necessary to have medical evidence linking your work activities to the injury or diagnosis.

What is the process for filing a workers’ compensation claim?

After giving notice to your employer about the injury, the employer may provide a form for your completion to file a claim. You may also complete a form utilized by the NYS Workers’ Compensation Board to properly file a claim.

It is advisable that you seek legal assistance in completing the form to file a claim.

How long does it take to receive workers’ compensation benefits?

After seeking medical treatment, giving notice to your employer, and filing the claim, a report will be sent to the insurance company covering the claim. The insurance company is required to respond within a two- to three-week period with payment of compensation benefits OR, an explanation of why the claim was denied.

What is the most important thing to know about my workers’ compensation claim?

If you are out of work and receiving workers’ compensation benefits, you must see a doctor for an update on your condition every 90 days. Failure to do so can result in suspension of benefits.

At what other points should I consult an attorney?

AS SOON AS POSSIBLE.

Most injured workers wait until there is an issue with the claim, such as:

Benefits are not being paid or have been reduced.
Medical treatment is not being approved.
Inundated with documents that are confusing and overwhelming.

But, it is better to consult an attorney as soon as possible after sustaining an injury. We can handle all communications from the insurance company and assist you in completing any forms. We will also evaluate whether or not you have to give a statement or answer questions posed by the insurance company.