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Filing A Workers’ Comp Claim: Your How-To Guide

How Long Does Workers’ Comp Last?

When you’re injured at the workplace or in the performance of work-related duties, you need to know the process of filing a workers’ comp claim. Through workers’ compensation, you could receive regular income to help offset medical bills and cover any income you may lose from taking time off work to recover.

Unfortunately, many employers don’t make the workers’ comp filing process easy to understand. Read on to learn more about the workers’ comp claim filing process. Alternatively, you can call Schwartzapfel Lawyers at 1-516-342-2200 or visit us online to schedule your free consultation today!

Receive Medical Treatment

Before reporting your injury to your employer, you should seek medical treatment as soon as possible. Qualified medical personnel will be able to assess your injury and provide appropriate care. This is especially important for things like traumatic brain injuries (TBIs) such as concussions. To this end, any injured worker should call emergency services right away to treat work-related injuries and occupational diseases. Claim forms can wait.

Many workplace injuries may appear stealthy or may have hidden symptoms. However, those symptoms can worsen over time. Trained medical staff know what to look for and how to effectively treat you. Additionally, they will be able to determine whether you are fit enough to go back to work, if you should be hospitalized, and so on.

In the end, it’s far better to incur some medical debt than it is to suffer a worsening medical condition that may lead to long-term side effects and/or disabilities. The right medical provider will also stress the importance of time limits and treating your wounds quickly and wisely.

Report Your Workplace Injury

The next stage in filing a workers’ comp claim is reporting your workplace injury to your employer. Here, it’s generally a good idea to report your injury to your employer at the earliest opportunity. In point of fact, you don’t need to be a “tough guy” or try to avoid your employer. As the saying goes, “An ounce of prevention is worth a pound of cure.”

There are three (3) reasons to report your injury to your employer as soon as possible:

  • Telling your employer about your workplace injury immediately means you can get workers’ compensation that much more quickly.
  • The sooner you tell your employer about your workplace injury, the sooner you can receive more extensive medical attention for it. With some injuries, such as dangerous construction accident injuries, the faster you receive medical attention, the better – stalling might lead to worse or more painful medical developments.
  • If you don’t tell your employer about your workplace injury, an insurance company could use this as evidence against your claim, using it to show that your injury isn’t as bad as you claim it is.

Therefore, if you are injured at work or while in the performance of job-related duties, drop everything and tell your employer right away. According to New York workers’ compensation laws, you have (30) days to give your employer notice about any workplace injury. After that, you have two (2) years to file a claim in the majority of cases, although you have (90) days to file a hearing loss claim.

In virtually every case, receiving payouts as a claimant for workers’ comp insurance is contingent on you informing your employer. Note: This is also true if a spouse wishes to claim death benefits for themselves and other dependents.

For more information at no charge, speak with an NYC workers’ comp pro by calling Schwartzapfel Lawyers at 1-516-342-2200. Alternatively, you can schedule your free consultation online today. Note: One free phone call may save you miles of headache, heartache, and financial strain down the road.

Your Employer Should File The First Report Of Injury (FROI)

At this step, your employer should file the first report of injury (FROI). This is an official report that records information about the injured employee, such as their job title, injury information, medical care, and so on.

That said, you shouldn’t worry about whether your employer does this before or while receiving medical attention. Later on, if you discover that your employer did not file a first report of injury, it could be sufficient grounds for you to file a claim against your employer for not following New York State workers’ compensation laws.

Fill Out Workers’ Comp Forms

After receiving medical attention, it’s time to fill out your workers’ comp forms. Note: Your employer cannot force you to do this until you have been examined by medical professionals and received appropriate care.

Once you are stabilized, your employer’s workers’ compensation insurance company will usually send you workers’ comp forms for you to fill out. Those forms will probably be added to a packet for analysis by the insurer.

Your claim info packet will often include many key documents, such as:

  • The claims adjuster’s contact information
  • Information on your employee rights and benefits
  • The process of returning to work and collecting workers’ compensation payments
  • Other useful information that you may need to know about the process

Read and sign any necessary documents, as well as an official statement recording what happened during the injuring incident. Once you do that, your employer will likely return the completed form to the insurance company.

What Should I Include In Workers’ Comp Forms?

Filling out your workers’ forms properly and accurately is vital. The more information you can provide the insurance company, the likelier it is that the insurance company will quickly accept your claim and send you money.

To that end, be sure to include:

  • The scenario and circumstances surrounding the injury. Describe which body parts were injured, whether you have any permanent disability benefits, and how the on-the-job injury occurred in the first place.
  • The nature of the injury and symptoms you experienced.
  • The medical treatment you received from the injury and the recommended treatment from your medical professionals.
  • When you reported the injury to your employer (because the sooner you report the injury, the better it looks to the insurance company).

Above all else, fill out the forms that you receive in their entirety. If you have questions about what’s included in the forms or what you should write, speak to your employer. Your employer should know exactly what the insurance company wants you to write. Additionally, you can speak with an experienced workers’ comp attorney to find out all that you need to do to maximize your chances of achieving a successful outcome.

To learn more now, call Schwartzapfel Lawyers at 1-516-342-2200. Otherwise, please continue reading.

Wait For A Response

At this point, all that’s left to do is wait for a response. Most insurance companies will respond to you and your employer within a couple of weeks at most. The insurance carrier will usually look at the information in the workers’ packet and decide whether to accept or deny the claim.

In theory, the carrier should just determine whether or not the injury occurred within the course and scope of regular employment. If it did, you’ll receive workers’ compensation payouts. But if your employer’s insurance company doesn’t play ball, it may be time to contact skilled legal representatives.

Contact Skilled Attorneys, If Needed

Knowledgeable workers’ compensation attorneys are the perfect persons to contact if your workers’ comp claim is denied for reasons including but not limited to:

  • The insurance company doesn’t believe the injury occurred during the course and scope of regular workplace activities
  • The insurance company believes someone in your organization is lying about what occurred
  • The insurance company wishes to avoid having to pay money to an injured employee
  • Something else entirely

Regardless of the reason why an insurance company denies your workers’ comp claim, you still need that coverage. Experienced workers’ comp law firms such as Schwartzapfel Lawyers can gather evidence for you, negotiate with insurance companies, and will provide ample assistance to help you recover physically, emotionally, and financially.

Contact us today online or at 1-516-342-2200 for a free consultation and/or case evaluation. It will be our honor and privilege to fight – and win – for you!

Will Your Workers’ Comp Claim Be Accepted?

In most cases, your workers’ comp claim is likely to be approved, assuming you submitted it promptly following the incident and correctly completed all necessary paperwork.

Most workers’ comp claims denials occur because of misfiled paperwork or other minor errors. Given this fact, it’s still a good idea to contact attorneys for your workers’ comp claim filing, just to make sure that you file everything perfectly the first time.

When that happens, you’ll receive payouts to cover your medical bills and time spent away from work. In addition, your workers’ compensation benefits may be retroactive if you’ve been waiting for (10) days or more.

 For example, if you file a workers’ comp claim, then have to wait two (2) weeks for a response, you’ll receive back pay for those two weeks to offset any additional financial strain you may have experienced.

Again, if your workers’ comp claim is denied under any circumstances, don’t assume that’s the end of it. The right attorneys can make all the difference in your case, as they can help you file a successful lawsuit against an insurance company or pursue other means of legal recourse depending on the circumstances of your situation.

Contact Schwartzapfel Lawyers Today

Filing a workers’ comp claim is the best way to financially protect yourself from major medical bills if you experience a work-related injury. When you file a workers’ comp claim with knowledgeable attorneys on your side, you’ll stand a much better chance of maximizing your financial payouts.

That’s why you should contact Schwartzapfel Lawyers right away. As experienced New York City workers’ compensation attorneys, our legal representatives are the perfect people to contact if you or a loved one needs help filing paperwork, understanding the workers’ comp process, or suing an insurance company for refusing to accept your workers’ compensation claim.

Don’t wait! Your future is too important to leave to chance. Instead, act now and call Schwartzapfel Lawyers at 1-516-342-2200 or visit us online to schedule your free consultation today.

DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!


Schwartzapfel Lawyers, P.C. | Fighting For You™™

Workers’ Compensation | U.S. Department of Labor

How to File a Workers’ Compensation Claim | Nolo

New York Workers’ Compensation Laws | FindLaw

Workplace Injuries | Workers’ Compensation Board (

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