As a certified nursing assistant (CNA), patient care assistant, or patient care tech, you work hard every day, helping sick and injured people through some of the toughest times of their lives. The job takes a special kind of person, and the work isn’t easy. Injuries happen, and when they do, you might need a little care yourself.
When you get hurt, Workers’ Compensation is supposed to provide the assistance you need. Unfortunately, the process can be complicated, and one mistake can mean missing out on important benefits. A New York City hospital CNAs Workers’ Compensation lawyer can help.
Since 2009, O’Connor Law has assisted thousands of injured workers in securing the benefits they need. Contact us today to schedule a free case evaluation and find out how our New York City Workers’ Compensation lawyers can assist you with your Workers’ Compensation issues.
Do You Need a Lawyer if You Are Injured at Work?
If you get hurt as a CNA, your facility will likely offer guidance on how to proceed with your treatment and Workers’ Compensation claim. However, it is smart to contact an attorney to ensure your rights are protected and you are getting the benefits you need.
Do not speak with an insurance carrier or nurse case manager by yourself. Our New York City hospital CNAs Workers’ Compensation attorneys can help you handle your case, and we’ll keep you apprised of all updates regarding your claim.
It is important to remember that your employer will often offer advice and guide you in directions that are best for them. Hiring a skilled attorney means you have an ally who understands the law and is looking out for your best interests throughout the Workers’ Compensation process.
What Should You Do if You Are a CNA Injured at Work?
In New York City, to keep your Workers’ Compensation claim in good standing, you need to follow certain steps and procedures. Missing or intentionally avoiding a step may cost you your benefits. Some important dos and don’ts after your injury include:
Report Your Injury to Your Employer
To maintain your rights under Workers’ Compensation laws, you must report your injury to your employer within 30 days; however, you should report it as soon as possible. Your report must be in writing; telling your supervisor verbally is not sufficient.
Contact an Attorney
Reach out to an attorney with experience in Workers’ Compensation law as soon as possible. The Workers’ Compensation application process can be tough to navigate. A lawyer can help you understand your rights and avoid common mistakes that could delay or derail your claim.
Seek Medical Treatment
Even if you received emergency medical care at the time of your injury, make an appointment to see a doctor as soon as you can. You have the right to choose whichever doctor you wish to manage your treatment, as long as they accept New York Workers’ Compensation insurance.
Avoid Speaking Directly With Insurance Carriers
Leave communication regarding your claim to your attorney. If an insurance company contacts you, let them know you are working with a lawyer and give them the contact information. Do not speak with or accept assistance from care coordinators who work for the insurance company.
Do Not Pay for Your Medical Treatment
As long as your medical provider is a participant in the New York State Workers’ Compensation insurance program, you do not have to pay for your treatment. Your provider may ask for an alternative method of payment, but you do not have to provide one.
Avoid Discussing Your Case
While you will want close family and friends to know what’s going on in your life, it is wise to avoid broadcasting specifics about your injury, especially on social media. Insurance companies can and will look for information to use against you.
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How Long Do You Have to File a Workers’ Compensation Claim in New York?
In New York, you must report your injury to your employer in writing within 30 days to maintain your Workers’ Compensation rights. However, the statute of limitations for filing a claim is two years from the date of the injury. Missing this deadline will jeopardize your claim.
There are exceptions to the two-year statute of limitations for Workers’ Compensation in New York.
For workers with occupational or repetitive stress injuries, the two-year time limit begins at the point when they discovered or should have known that they were suffering such an injury.
Whether or not you believe you will need to file a Workers’ Compensation claim when you are injured at work, it is always smart to get medical attention. Then, speak to an attorney about your options. Our firm offers free case evaluations, so you have nothing to lose by making the call.
What if My Workers’ Compensation Claim Is Denied?
If your Workers’ Compensation claim is denied and you are not already working with a lawyer, it is important to contact one as soon as possible. There are many reasons a claim can be denied, and some are easily addressed by an attorney who understands the process.
Our hospital CNAs Workers’ Compensation attorneys in New York City can review your denial and advise on your best course of action.
Many paperwork mistakes may be fixed and resubmitted as long as you are still within the allowed filing period. If your claim is denied for reasons that are not easily apparent or fixable, you have the right to appeal. Your attorney can represent you throughout the process.
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Contact a New York City Hospital CNAs Workers’ Compensation Attorney
When you are injured on the job, you could face weeks or months of recovery. The CNA position is tough, and it takes a toll on the back, knees, and shoulders. After all you have given to help others, it is nice when someone is there for you.
That means Workers’ Compensation benefits kick in to give you and your family the support you need while you recover. Our New York City hospital CNAs Workers‘ Compensation attorneys can help you understand your rights and ensure your claim goes smoothly.
Our team at O’Connor Law has over 35 years of combined experience advocating for injured workers. Contact us today to schedule a free consultation and tell us what happened.
