New York Workers' Compensation is an intricate area of law that is often subject to a number of misconceptions. This site is intended to help readers seeking clarification on the topic of NY Workers' Comp. Whether you are an injured worker lost amidst the complexities of Workers' Comp, a doctor who is not sure how to properly handle a Workers' Comp patient's file, or simply a curious New Yorker who worries about what would happen if you were ever injured on the job, I hope that the content of this site will deliver the answers you seek, even to questions you didn't know to ask.

It is my pleasure to welcome you into the world of New York Workers' Compensation. I hope you enjoy your visit, spread the word, and come back soon.

Best regards,

Camila P. Medici, Esq.

Thursday, October 28, 2010

If I Am Out of Work and Not Receiving Wage Benefits, How Long Will It Take For Me to Start Getting Paid?

In order to make sure you get paid you or your attorney in your behalf must file a C-3 form with the NY Workers’ Compensation Board.  You must do this even if your employer filed a claim on your behalf.  Once the Workers’ Compensation Board receives your C-3 it will assemble a file and give you a case number.  Then it will review the records.  If you are out of work and have produced supporting medical evidence of a work-related disability, the Board will file a notice of indexing.  The Insurance Carrier has 25 business days from the date of the filing of the notice of indexing to respond by either accepting your claim and begin making payments to you or disputing your claim.  Your attorney can only request a Hearing on your behalf to establish your case and ensure that you are getting paid the correct amount in benefits once either the Carrier replies with their acceptance or rejection, or after the 25 business days from the date of the notice of decision has elapsed.  After making a request for a Hearing, it can take up to 120 days for the Workers’ Compensation Board to give you a Hearing date.  The amount of time will depend on how many cases are ahead of you in a first come, first serve basis.  This is why it is very important that you file a C-3 form and retain an attorney as quickly as possible.  The longer you wait, the longer your claim will be delayed.

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