Updated: Jan 22
When you have an accident at work, you should first and foremost seek medical assistance. You will only be entitled to benefits from the date of your first medical examination that gives evidence of your work-related disability, so even as a precaution, you should seek medical assistance on the same day of your accident. It is also important that you seek medical assistance from a hospital (if it is a serious injury) or a medical professional who is familiar with the workers’ compensation process. Secondly, you should give notice to your employer that you had an accident at work, preferably in writing, and get the name of any witnesses that you may have had. If your employer has a policy in place for reporting a work-related accident, you should try to follow it closely to avoid the appearance of bad faith. Your employer should file a C-2 form on your behalf, reporting your work-related accident to the Workers’ Compensation Board. Lastly, you should initiate a workers’ compensation claim on your own behalf by filing a C-3 (and if necessary a C-3.3) form and preferably retaining an attorney who can represent your interests against the insurance company.
To sum up, in order of importance, if you are injured on the job you should:
1. Seek medical attention immediately, even if you feel fine.
2. Notify your employer that you had a work accident, preferably in writing.
3. File a claim with the New York Workers' Compensation Board (C-3 form).
4. Retain an attorney who specializes in Workers' Compensation.