By: Michael J. McConnell, Workers’ Compensation Lawyer
Accidents at work happen, and when they do there are several key things employees must do to protect their rights to workers’ compensation benefits.
The difficulty is that the employee is dealing with so much at once, including:
- finding proper medical care;
- figuring out how to pay bills if they are missing work because of the injury;
- and wondering how to navigate the complexities of the claims process.
In this article, Elmsford workers’ compensation lawyer Michael J. McConnell provides an overview of the top five things that employees should generally do after a workplace accident.
As always, this article is for general informational and education purposes only. It is not legal advice. It is always recommended that you contact an attorney for a free consultation if you have been hurt at work.
1. Seek Immediate Medical Treatment after a Work Accident in Elmsford
Getting medical care as soon as possible after a workplace accident is crucial for at least three reasons.
First, it can help reduce pain and decrease the odds that the injury will get worse. Waiting too long to get necessary medical care can have terrible consequences.
Second, a medical report from the accident date or shortly after can corroborate what happened. Having something in writing and signed by a doctor can go a long way in fighting back against an employer or insurance company who tries to later claim that the accident didn’t happen (or didn’t happen exactly the way you said it did).
And third, if your injury requires you to miss work, it is necessary to have documentation from a doctor stating you are disabled. The sooner you get this, the easier it will be to get paid.
2. Notify Your Employer of the Accident in Writing Within 30 Days
If you got hurt at work in Elmsford, it is important to know that New York law requires workers to notify their employer of the accident within 30 days. Also, this notice technically must be in writing.
The written notice should include:
- Employee’s Name & Address
- Time and Place of the Injury
- Brief Description of the Accident and Nature of the Injury
- Employee Signature
This can be provided by letter or email. Text is generally not recommended according to the NYS Workers’ Compensation Board (WCB), but it can often be a practical way to initially tell one’s supervisor and have something documented. The key there is to save the text AND then provide the proper written notice within 30 days.
Missing that 30-day deadline could result in the insurance company denying your claim. For that reason, it is usually best practice to notify an employer immediately after the accident.
If you are unable to report it the same day, then as soon as possible after that is the next best option. And certainly this must be done within 30 days. Of course, it really never makes sense to wait even close to that long. So again, the sooner the better.
If that 30-day deadline is missed, there are limited reasons why notice can be excused under the law.
For example, maybe the injured worker didn’t realize the extent of the injury until it got worse several weeks later. Something like that – depending on the rest of the case facts of course – can be an acceptable excuse.
If you believe you may have missed that deadline, however, it is always recommended to consider speaking with a lawyer right away. Most offer free consultations, including here at the Law Office of Michael J. McConnell.
3. File an Employee Claim Form Called the C-3 with the Board
New York law requires that injured workers file this form within two years of the injury. Similar to the notice requirement discussed above, it probably never makes sense to wait even close to that long. This form should be filed as soon as practicable to avoid delays.
4. Regularly See Your Doctor
Continuing to attend doctor’s visits and any other prescribed treatment such as physical therapy are essential for two reasons.
First, you want to make sure that you recover to the greatest extent possible. Following the doctor’s recommendations is often the key to that. Plus, all medical bills are paid for by the insurance carrier on an established claim, so you shouldn’t have to pay a single penny for necessary care.
Second, if you are out of work, then it is imperative that you regularly see a doctor. As mentioned above, you can generally only get compensated for lost wages if there are up-to-date medical reports justifying an absence from work.
Technically you need to see your doctor at least every 90 days to be eligible for temporary disability payments. However, most doctors will want to see patients about every 30-60 days, and it is of course best to listen to the doctor.
Additionally, scheduling appointments too close to the 90-day mark comes with some risk. If you forget about the appointment and don’t get a new one scheduled quick enough, the insurance company might try to cut off your payments.
5. Consider Getting a Workers’ Compensation Lawyer to Protect Your Rights
Injured workers in Elmsford and throughout New York have a right to an attorney. This can be significant because it might feel overwhelming to be out of work and seemingly left in the dark by the insurance adjuster handling your case.
Additionally, it can also be uncomfortable knowing that the savvy insurance company exists to make a profit, which naturally leads to an incentive to try to pay the least amount possible on their claims.
Awareness of that cold hard truth can leave injured workers wondering if they are really getting all of the compensation that they truly deserve.
While the decision of whether to get a lawyer is always up to the individual person, here are a few facts to consider about workers’ compensation lawyers in New York:
- They generally offer FREE CONSULTATIONS.
- NO FEES unless they win. This means they don’t get paid unless you do.
- Generally ZERO UP FRONT COSTS to hire a lawyer.
- The fee amount is set by law, and it is LESS THAN the typical one-third (33%) attorney fee for personal injury cases like car accidents. Typically, an attorney for your work injury will get a fee of 15% or less– and any fee must be approved by a judge.
How can a workers’ compensation lawyer help me maximize the value of my case?
Insurance companies love their data and one thing they know from it is this: cases with attorney representation are far more expensive to them than cases where individuals are unrepresented.
The reason is common sense: the insurance company bullies can get away with nonsense when they are the stronger dog in the fight, but once they have someone who can fight back and level the playing field . . . their nonsense won’t fly and they will have to pay up.
There are countless ways a lawyer can help maximize compensation for a work accident, including the following:
- Deal directly with the insurance company’s adjuster and their lawyers.
- Provide calm and steady guidance as well as compassionate legal representation so that the injured worker knows what to expect throughout the process.
- Thoroughly investigate the case and identify all potential ways to recover the maximum amount possible.
- Ensure medical documentation is filed with the WCB so that the injured worker can receive temporary disability payments.
- Diligently litigate issues that impact how much the client gets paid for their time out of work.
- Fight back against any improper denials of necessary medical treatment.
- Aggressively cross-examine any witnesses the insurance carrier calls to testify against the injured worker, especially if the claim has been denied.
- Take depositions of doctors and argue that the injured worker’s doctor is more credible than any so-called “Independent Medical Examiner” that the insurance company hired.
- Help pursue any permanent disability if applicable – whether Schedule Loss of Use (SLU), permanent partial disability (PPD), or permanent total disability (PTD).
- Negotiate a settlement (if appropriate) with the goal of achieving top dollar value.
While every case is different and will face its unique challenges, an attorney can often be a useful guide in seeking all potential avenues of compensation. Ultimately, however, the decision on whether to hire a lawyer is always completely up to individual.
Conclusion: Getting Off to a Good Start on Your Work Accident Case in Elmsford is Pivotal
For individuals hurt at work in Elmsford, knowing the right moves to make after an accident can make all the difference in terms of getting proper medical care and the full amount of money they are owed under the law. Some of the most important things to do right after a work accident include: 1) getting immediate medical attention; 2) notifying your employer; 3) filing a claim; 4) following up with a doctor; and 5) consideration of legal representation. Generally, successful execution of these steps can make the process a lot easier for employees injured on the job.
If you have questions about a work-related injury, please contact Elmsford workers’ compensation attorney Michael J. McConnell for a free consultation.
Please also check out our YouTube channel for more content like this: @micheljmcconnell_injurylawyer
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Last updated 4/17/25 by attorney Michael J. McConnell.