The Workers Comp Process

Depending on the severity of your injuries, the process for filing for worker’s compensation can be very simple. If the injuries sustained are relatively mild and you can return to work soon after, it won’t be very difficult. Usually an employee will report an injury to their employer and often include a report of an accident or other action of a co-worker.

Injuries can happen anywhere whether in the workplace or at another location during work travel and they all require an accident report. However, when the situation is messy and if an employer doesn’t want to honor the claim, they will try to avoid compensation, even if the compensation is coming from their insurance company.

  • Depending on state regulations, an insurance company can deny a claim if they conduct an investigation and they find data they can use in defense to prove you do not deserve compensation.
  • The state can rule that a worker is not eligible for workers’ compensation.
  • Whether it is the state or a private insurance company denying your claim, you should hire an experienced lawyer, like a New York workers comp attorney, to represent you. They will know how to navigate difficult insurance companies to give you a fair fight in receiving your deserved compensation

Filing a Typical Claim

Usually you follow these steps when filing a claim:

  1. Report the injury to your employer immediately.
  2. Seek medical attention immediately! You may want to do this before notifying your employer if the injuries are extreme of life-threatening. If you require serious treatment, get to a doctor right away.
  3. The employer is then responsible to conduct an investigation of the accident and review the causation of your injury. A report is then filed with the insurance company or state board.
  4. If all parties involved agree and the state approves the claim, then you should receive the benefits after seven days away from work; this includes replacement of lost wages and coverage of medical expenses.

Standard Hearing Process

If your claim is denied, you will have to endure a court hearing. A state workers’ compensation board judge will examine evidence from all parties involved and will give a ruling based on their findings. A ruling can be repealed if your attorney believes they can prove your injury claim and that you deserve compensation. If your employer continues to force employees to work in unfair and unsafe conditions, you may pursue punitive damages. Punitive damages can also include non-economic compensation including therapeutic treatment and payment for pain and suffering.

Visit a local law firm to examine your options. You may be entitled to payment for your work-related incident. It is best to contact a lawyer right away to represent you, especially if you foresee your case involving a hearing. A lawyer’s guidance can be the difference between fair compensation for your injuries and a host of medical debt.


Thanks to our friends and contributors from Polsky, Shouldice & Rosen, P.C. for their insight into

The legal firm of Rispoli & Borneo, P.C. has successfully represented many workers compensation cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.

Posted in Workers Compensation