Understanding Personal Injury Claims In New York

Personal injury law can be difficult to navigate, particularly for someone who isn’t an expert. If you’re the victim of an on-the-job or work-related personal injury or illness, it’s essential to understand the ins-and-outs of this type of law in order to seek the justice you deserve. This guide answers some of the most important questions personal injury victims in New York state have about how to handle their legal proceedings without jeopardizing their claim.

How Do I File a Claim In New York?

The first step in filing a personal injury claim, also known as a worker’s compensation claim, is to fill out and submit a C-3 employee claim form online. To complete the form, you will need to provide your contact information, your employment information (employer details, job duties, pay rate), details of the injury (how and where it happened), and the nature of the injury (which parts of your body were affected).

Is There a Statute of Limitations On Making a Claim?

Yes, so it’s vital to make your claim promptly to improve your chances of receiving compensation. When it comes to on-the-job injuries, it is recommended to report the incident to your supervisor immediately after it happens. However, the NYS workers comp statue of limitations gives you 30 days from the day of the incident to report it. However, you then have up to two years to file a compensation claim if the injury leads to any other kind of damage later. For instance, you may slip and fall at work due to a slippery floor and lack of proper signage. If you don’t suffer from any immediate symptoms, you may return to work. However, three months later, you may experience back pains as a result of the fall. As long as you reported the incident within 30 days of the fall, you can file a compensation claim even three months later.

In cases of work-related injuries or illnesses, which are often more difficult to detect and diagnose, the New York State Workers’ Compensation Board states that you have:

  • Two years from the date of your disability

OR

  • Two years from the time you knew (or should have known) that the injury or illness was caused by the nature of your work

Should I Handle My Personal Injury Case By Myself?

No. Personal injury law can be extremely tricky to navigate for someone who isn’t an expert. With this in mind, it’s always best to hire a reputable personal injury lawyer with experience in handling compensation claims. When hiring a personal injury lawyer, be sure to consider the following criteria: their level of experience, their track record, their available resources, and their fees. Having a professional legal expert in your corner will not only improve your chances of obtaining justice, but it will give you the peace of mind you deserve.

While it can be confusing and overwhelming to experience a work-related personal injury, there are steps you can take to get the compensation you need. In familiarizing yourself with the laws and regulations of New York state and in hiring a professional personal injury attorney, you will greatly minimize the stress involved in this process.