Visitor Question

Am I too late to file a Workers Comp claim?

Submitted By: David (Hilton, New York)

I work in a factory as a batcher/process operator. In one of our batching areas there are French-style drains in the center of the floor. I happen to walk around or over these drains multiple times a day.

I’ve rolled my ankle multiple times in these drains before, and have notified upper management about how unsafe they are. Just a few days ago, I stepped in one of the drains and did some serious damage to my ankle. I did not notify anyone about the injury because I cannot afford to miss work.

I was just wondering if I would have a good case for a lawsuit or workers comp claim. I also don’t know if I made a smart decision by not telling anyone.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear David,

It may not be too late to file your workers compensation claim. New York State law requires injured workers to notify their employers or supervisors of any on-the-job injuries within thirty days after the accident.

Ask your employer to provide you with Form C-3 – Employees Claim for Compensation. Complete the form and submit it to the New York State Workers Compensation Board.

There are three ways to do so:

  1. Go online to the Worker’s Compensation Bureau’s website and click “Workers”.
  2. Complete a hard-copy paper (Form C-3) and mail it to the nearest New York State Workers Compensation Board.  You can find Form C-3 in the center of this pamphlet along with the locations of the Board.
  3. Call 1-877-632-4996. A Board representative will assist you in completing the Form. You will be notified by mail if a hearing is necessary.

Fortunately, in workers compensation claims, proving employer negligence is not a legal requirement. The mere injury is sufficient to invoke workers compensation benefits. However, there is a trade-off. While proving employer negligence is not required to initiate the workers compensation benefit’s process, injured workers are prohibited from filing civil lawsuits against their employers.

For more information about your rights and duties under New Your State Workers Compensation Laws, read  Injured on the Job.”

You may also seek the advice and counsel of an attorney in your area whose practice is concentrated in workers compensation law. Most workers compensation attorneys do not charge for initial office consultations.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 23, 2017

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