Proper Planning Before Being Injured
June 12, 2012
By John Merlino
Recently, I came across a worker who suffered a dislocated shoulder and still went to work with a sling. While at work, he removed the sling in order to perform a task that required both hands. Needless to say, the injury worsened. In unbearable pain, he had to go home.
When asked why he didn’t report the injury, he said, “I didn’t know I only had 30 days to tell my boss…”
This situation comes up often. Most workers don’t know they only have a 30-day period to report an accident to their supervisor or employer. After that period, filing a claim for workers’ compensation benefits becomes much more difficult. After the 30 days, you must show to the Worker’s Compensation Board that there was a good reason why the accident could not have been reported; or that the immediate supervisor knew of the accident, or that the employer was not “prejudiced” by not receiving notice within those 30 days. Why work harder for what you deserve, especially when you don’t have to – give notice if you get injured at work.
The other challenge with this particular case was that the worker had no idea what forms to fill out. Or how to even begin. Many workers see their employers as people who have their best interests at heart. They rely on them to do the right thing, in the best of worlds this would be the case.
However, employers are rarely diligent in filing required documents to help with benefit claims. The employer is required to file a C-2 form, which lets the insurance company know a claim has been filed by an employee. The injured worker is required to file a C-3 form, which lets the Workers’ Compensation Board know that they got injured at work and will be asking for benefits from their employers’ insurance carrier.
You should always have the forms you need ready in case you get into an accident. The quicker you get it filed, the quicker you’ll be able to receive compensation if you are disabled from working due to your injuries. The claim form needed after you have given notice of the accident to your employer is the C3 Employee Claim form, which any of our attorneys would be happy to help you with filling it out.
Dinkes & Schwitzer is dedicated to protecting the rights of the injured against insurance companies and big corporations. With over 80 years of Courtroom experience we’ve recovered hundreds of millions of dollars for our clients and we may be able to help you too. Our lawyers, including William Schwitzer and John C. Merlino are strong-compassionate activists for many labor organizations and their members – they will fight for what you deserve. Visit us at: www.dandsatlaw.com or call: (718) 781-8389 or (212) 683-3800.