What is the Timeline for Receiving Benefits After Filing a Claim?

If you have been hurt on the job in New York, it is natural to wonder how long it will take until you start receiving workers’ compensation benefits. No one can determine how long it will take for you to receive the benefits you need. However, most injured employees start receiving benefits approximately 18 days after the insurance company receives a claim. Our workers’ compensation lawyers outline the timelines involved in a typical case.

Reporting the Injury to Your Employer

Before claiming compensation, you must first report the injury to your employer. While the law gives you 30 days to do this, you should inform your employer in writing as soon as possible after suffering an injury. Your employer then has ten days to report the accident and resulting injury to their insurance company.

Filing Your Claim

After your employer has reported the injury to their insurance company, the insurer will review the claim. Often, it is the insurance company representing the employer that determines whether to accept your claim. However, the New York Workers’ Compensation Board can also decide whether or not you are eligible. Your employer’s insurance provider has 15 days to decide on your claim.

While you should file your claim as soon as possible, it is essential to note that state law only gives you a limited amount of time to file. If you do not file within two years of the accident, you will likely forfeit your right to receive any benefits at all.

Receiving Benefits

Ideally, you will start receiving benefits after filing your claim. Under state law, you must begin receiving benefits no later than 18 days after sustaining the injury if the insurer or the Workers’ Compensation Board has determined you are eligible. Once you start receiving benefits, they will be paid bi-weekly. In some cases, such as if you have suffered a permanent disability, a lump sum payment may be possible.

Appealing the Decision

If the insurance company or the Workers’ Compensation Board denies your claim, you have 30 days to appeal the decision. If you do not file your appeal with the Board within this time, you will likely lose your right to obtain any benefits at all. The appeals process is very complex, so it is essential to work with an attorney who can guide you through it.

Call Our Workers’ Compensation Lawyer in Buffalo Today

After suffering a work injury, you need benefits as soon as possible. At Sawers & Sackel, our Buffalo workers’ compensation lawyer can help you navigate the process so no mistakes are made that could delay the benefits you need. Call us now at 716-455-2416 or contact us online to schedule a consultation with one of our experienced attorneys and to get the legal help you need.