Search Site
Menu
Workers’ Compensation Process

New York State Workers’ Compensation Process

In most cases, when you are injured on the job, your primary (or only) option for help with your medical expenses and lost wages is to file a claim for workers’ compensation benefits. They make it sound like filing a claim is a simple matter of filling out some paperwork. Unfortunately, it is not that simple. Not only is the process itself complicated, but there are many ways in which your claim for benefits can be challenged or denied. When this happens, you may still be able to get benefits, but you will have to fight for them within the workers’ compensation system. Attorney Peter Cordovano has decades of experience resolving difficult claims in the New York workers’ compensation system, and the law office of Peter M. Cordovano, P.C. in Highland can help you too.

Below is a brief overview of what to do when you are injured on the job and the process for receiving workers’ compensation in New York State:

Seek medical treatment as soon as possible, or within 48 hours of the accident. Your doctor should complete a preliminary medical report and send it to the WCB District Office, with copies to your employer or the company’s workers’ comp insurer, and to you and your attorney.

Notify your supervisor about the accident.

Report the incident in writing to your employer within 30 days.

Your employer should report your injury to the Workers’ Compensation Board (WCB) and the workers’ comp insurance carrier within ten days of receiving your report about the accident.

You should receive a written statement of your rights under the law from your employer’s workers’ compensation carrier. This statement may tell you if you have to see certain doctors regarding your claim. If you don’t receive anything from the insurance company within a few weeks, contact them directly to make sure they got the report from your employer, or ask your attorney for help.

File a claim with the New York State Workers’ Compensation Board. A claim is initiated by filing Employee Claim form (C-3) with the District Office that serves your area. You have up to two years to file a claim, but of course the sooner you file your claim, the sooner you can start receiving benefits.

If your claim is denied, you can have the case heard by a Workers’ Compensation Law Judge. At this hearing, you can present evidence and testimony to support your case. Your attorney can represent you at this hearing. The judge will decide if the claim is compensable and if so, how much should be awarded and for how long.

If you disagree with the Workers’ Compensation Law Judge, you have 30 days to appeal in writing for Board review by the Workers’ Compensation Board (WCB). If your appeal is granted, a panel of three judges will hear your appeal. The panel may affirm the decision of the Law Judge, or they may modify or rescind the judge’s decision, or send the case back to the judge for further proceedings.

If the panel was divided, you may apply for a full Board Review. The full WCB can affirm, modify or rescind the lower decision.

If you disagree with the WCB decision, you have 30 days to appeal to the State of New York Supreme Court, Appellate Division, Third Department. The decision of the Appellate Division can further be appealed to the New York Court of Appeals. The grounds for appeal in the courts are limited and may not be available in every case.

Help is available at every step of your New York workers’ compensation claim

Peter Cordovano is an experienced New York workers’ compensation attorney who can help you at any level of administrative hearing or appeal before the WCB or New York courts. If you were injured on the job in the mid-Hudson Valley region, contact the law office of Peter M. Cordovano, P.C. in Highland for a free consultation or for immediate assistance with your workers’ compensation claim.

Contact us

Please fill out the form below and our attorney will contact you.

Quick Contact Form

Our Office
  • Highland Office
    1 North Roberts Road
    Highland, New York 12528
    Phone: 845-691-4200
Awards
  • Martindale-Hubbell AV Preeminent Peer Review Rating Badge showing Peter M. Cordovano is rated AV Preeminent
  • Avvo Rating Badge showing Peter M. Cordovano is rated a 9.0 Top Attorney
  • New York State Bar Association Logo
  • New York State Trial Lawyers Association Logo
  • Manhattan College
  • Touro Law College logo
Testimonial
  • "Peter, you can go ahead and start paperwork. I know it’s not a fair settlement, but I’m drowning. Don’t know what else to do Thank you for everything you’ve done for me. I really do appreciate you."  -–Valerie S

  • "I hope that this letter finds you in good spirits and in excellent health. I know we’ve had our difficult moments (usually due to my constant need for reassurance from you). But there isn’t a day that I don’t thank God for your levelheadedness and perseverance. Thank you."  -–Eileen

  • "Dear Peter, We can’t thank you enough for all of your help! We appreciate it more than you know! Thanks."  -–Rick, Debbie & Ricky

  • "I would like to thank you for all you have done for me and my family. You’re the best!"  -–A. Chambers

  • "Many thanks for your donation to our 2nd Annual Huskies 5K Challenge. The event was a tremendous success due in large to your generous support."  -–HMS PTA

  • "Thank you for sponsoring me to play on the Dutchess Debs. I am having lots of fun and learning a lot. I look forward to the upcoming spring season."  -–Jordan C.

  • "We are so tardy thanking you so please know we are so grateful for your time with us, prep phone calls to Bob Lackaye and follow up work on behalf of Spencer. We are resting with her anxiety about moving forward and pushing Spencer out to be a part of the workforce and world again. Believe me we are so thankful for the many miracles since the accident on July 12, 2014! Thank you for meeting us and assessing Spencer and his needs in such a caring and professional way. Your staff was friendly, caring and supportive the entire time we were in touch with your office. Many thanks for your time! Blessings to you all!"  -–D.E

  • "Dear Peter, Thank you so very much for your thoughtful and beautiful plant. Believe it or not, it will join the one you sent 5 years ago which has developed into many others too!"  -–Fondly, Deb & Jo

  • "Mr. Cordovano, Hello! First, I’d like to thank you for the job you did on my case earlier this year! I really appreciate all you did, and will refer anyone I know that needs wc legal help to you! I opened my mail today and received this! I was rather surprised. MAC NEEDS to pay this. It was from the day I hurt myself! Thanks again for all your help!"  -–Sincerely, Ferris Rugar

  • "I wish to thank Peter Cordovano and the rest of your staff for a job well done. Your excellent services and hospitality will be shared and highly recommended. Thanks again so much."  -–John Dorn.