Injured On The Job

The team at Gilbert, Blaszcyk & Milburn has years of experience dealing with victims who have been injured on the job. Due to this, they have become a trusted name for many across Long Island. If you have been injured on the job, there are a few simple steps you should follow in order to give yourself the best chance to be compensated for the injury.

Step One

OBTAIN first aid or other necessary medical treatment as soon as possible. The treating health care provider must be authorized by the Workers' Compensation Board, except in an emergency situation. You can find out more information about authorized providers and locate authorized providers in the Injured Workers or Health Care Providers sections of this website or by calling 1-800-781-2362.

If your employer has been authorized to participate in a Preferred Provider Organization(PPO) or Alternate Dispute Resolution (ADR) program, you may be required to obtain medical treatment from a participating health care provider. Participating employers are required to notify their employees, in writing, of all information pertaining to a PPO or ADR program.

Also, if you are in need of diagnostic tests or prescription medicine, your employer or your workers' compensation insurance carrier may require you to obtain your tests or your medicine from a diagnostic network or designated pharmacies or a network of pharmacies they have contracted with. It is required that you receive written notice if you are required to utilize a diagnostic network or designated pharmacies or a network of pharmacies.

The cost of necessary medical services is paid by your employer or your employer's insurance carrier, if the case is not disputed. Health care providers may request that injured workers sign form A-9. This form is meant to provide notice to the injured worker that he or she may be responsible to pay the medical bills if the Workers' Compensation Board disallows the claim or the injured worker does not pursue the claim. Make sure you are following the proper sets in order to ensure you are getting exactly what you are owed.

Step Two

NOTIFY your supervisor about the injury and the way in which it occurred, as soon as possible. An injured employee who fails to inform his or her employer, in writing, within 30 days after the date of the accident causing the injury, may lose the right to workers' compensation benefits. In the case of occupational disease, notification should be given within two years after disablement, or within two years after the claimant knew or should have known that the disease was work-related, whichever is later).

Step Three

COMPLETE a claim for workers' compensation on Form C-3 and mail it to the nearest office of the Workers' Compensation Board, if there is lost-time. If a claim is not filed within two years from the date of the injury or disablement from an occupational disease, (or after disablement and after you knew, or should have known that the disease was work-related), you may lose your right to benefits.

Final Steps

THEREAFTER . . . .

  • Follow doctor's instructions to speed full recovery.
  • Attend an Independent Medical Examination if you are required to do so.
  • Go back to work as soon as you are able.
  • Attend such hearings as may be held in the case, when you are notified to appear.

Benefits of Documenting Work Injury

There are benefits of documenting your job injury. They are details that can turn any case around. So be sure to pay attention to the small stuff, as you never know what can make a case stronger. Our lawyers can help monitor workers compensation fraud, which can be committed by doctors, employers, insurance companies, and claimant. Workers can claim they were injured on the job, but then, if proven out to be false, can be charged with fraud. The most common way employees commit fraud is by getting injured outside of work, but claiming your were hurt while working. Inflating or faking an injury is also considered a type of fraud, but so is failing to disclose about an injury. These are all areas to watch out for to ensure you get proper payment for your claim.

Employers can also commit fraud. This can be done a few ways. One of the more common methods is to under-report the payroll, this way the employer can lower their premiums, so if an injury does occur on the job, the employee could be entitled to less than their owed. Employers can also evade having workers compensation for their employees, which is illegal and required to have by law. In this scenario, workers are deceived into thinking they are covered, when in fact they are not. This can be a huge issue if a work injury occurs, as there won't be any money to pay. But that is where a great lawyer can come in handy.

Also be aware of the statute of limitations of a case, which is the provided time limit in which a plaintiff can bring a lawsuit with the courts stopping it. There are certain cases where, if too much time passes, that the plaintiff will be forever barred from bringing up the lawsuit. Don't let this happen to you. Consult with a lawyer as soon as you can to get the parameters of your case nailed down. 

If you were injured on the job, you may be entitled to some compensation. Please contact one of our Long Island offices today for a free consultation. Gilbert, Blaszcyk & Milburn are here to help you receive the compensation you deserve. We have offices in Patchogue, Riverhead, Melville and Garden City, so no matter where on Long Island you were injured, there is a place nearby for your help.