If you’ve been injured on the job in New York, you may be wondering how long it will take to start receiving workers’ compensation benefits. The amount of time it takes to receive benefits can vary depending on several factors, including the complexity of your case and how quickly you and your employer report the injury.
Here’s a breakdown of the steps involved in getting workers’ compensation benefits in New York and how long each step typically takes:
Report your injury to your employer: The first step in receiving workers’ comp benefits is to report your injury to your employer. You should do this as soon as possible after the injury occurs, ideally within 30 days. Your employer will then have 10 days to report the injury to their workers’ compensation insurance carrier.
File a claim: After your employer reports your injury to their insurance carrier, you will need to file a claim with the New York Workers’ Compensation Board. You should do this as soon as possible after the injury occurs, but no later than two years from the date of the injury. The Workers’ Compensation Board will then review your claim and determine whether you are eligible for benefits.
Receive a decision from the Workers’ Compensation Board: Once the Workers’ Compensation Board has reviewed your claim, they will make a decision about whether you are eligible for benefits. This decision can take several weeks or months, depending on the complexity of your case and whether additional information is needed.
Receive benefits: If the Workers’ Compensation Board approves your claim, you will begin receiving benefits. The amount of time it takes to receive benefits can vary depending on the type of benefit you are eligible for. For example, if you are eligible for temporary total disability benefits, you will receive weekly payments for as long as you are unable to work due to your injury. If you are eligible for permanent partial disability benefits, you will receive a lump sum payment.
Appeal a decision: If the Workers’ Compensation Board denies your claim or you disagree with their decision, you have the right to appeal. The appeal process can take several months and may involve a hearing before a workers’ compensation judge. During this time, you may still receive benefits if your claim was initially approved.
Reach a settlement: In some cases, you and your employer’s insurance carrier may agree to a settlement instead of going through the appeals process. A settlement can provide you with a lump sum payment or ongoing payments, depending on the specifics of your case.
It’s important to note that every workers’ compensation case is different and the timeline for receiving benefits can vary. Some cases may be resolved quickly, while others may take several months or even years to reach a conclusion. It’s also important to follow all the necessary steps in the process and provide all the required information to avoid any delays.
In general, it’s best to report your injury to your employer and file a claim with the Workers’ Compensation Board as soon as possible. This can help ensure that you receive benefits in a timely manner and can help protect your rights as an injured worker.
As a law firm that specializes in workers’ compensation cases in New York, we at Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. can help with all aspects of the workers’ compensation process, including filing a claim, appealing a decision, and negotiating a settlement.
We can provide guidance on the process, help gather evidence, represent our clients at hearings, negotiate a settlement, and protect our client’s rights as injured workers. We understand that every case is unique, and we work closely with our clients to develop a strategy that is tailored to their specific needs and goals.
If you have been injured on the job in New York and are wondering how long it will take to receive workers’ compensation benefits, we encourage you to reach out to us for a consultation. We can help guide you through the process and ensure that you receive the benefits you need to recover from your injury.