Injured on the Job? What to do Next

Updated August 2022

For many years, Martin, Harding & Mazzotti, LLP has been making sure that those seriously injured while on the job get the compensation and care that they need. Below are some necessary steps you can take in the event of any injury sustained while on the job.

The first step is to obtain first aid or medical treatment as soon as possible. Unless it is an emergency, it is important that the healthcare provider be authorized by the Workers’ Compensation Board to treat injured workers. If you are not in serious need of immediate care, you can locate authorized Workers Compensation Board providers by dialing 1-800-781-2362 or looking on the workers’ compensation board’s website.

In addition to seeking immediate medical attention, the second thing to do is to give notice of the injury to the employer as soon as possible. You have only 30 days to notify your employer of the accident or you may lose your rights to workers’ compensation benefits. Filing an accident report means reporting key details, such as:

The nature of the injury, including every body part affected by the injury;
How the accident occurred;
The parties involved;
The date, time, and location of the accident; and
The medical treatment you have undergone.

Be sure to keep a copy of the report for future reference.

Third, a C-3 form should be filed with the New York State Workers’ Compensation Board thereafter. Simply filing an accident report with your employer does not toll the statute of limitations.

If the injury is a result of an accident, the C-3 form must be filed with the Board within two years of the injury date.

If the injury is a result of an occupational disease, such as carpal tunnel syndrome or exposure to dangerous substances, the C-3 form should be filed within two years after disablement, or within two years after you knew or should have known that the condition was work related.

Workers’ Compensation covers most job-related injuries. Necessary medical services are usually paid for by the employer or their insurance carrier if the case is not disputed. You may also be entitled to receive payments for the time you are out of work due to the injury.

Once you have accomplished the steps above, be sure to follow your doctor’s recommendations, including returning to work when released to do so. You also must attend any Independent Medical Examination(s) as scheduled by the carrier.

Injured on the Job? What to do Next

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