Workers Comp Claim Guidelines

Summary

In New York State, you can file a workers comp claim and continue working if the injury allows for light duty or modified duty. If the injury isnt severe, you may continue the same job while the claim is processed. However, working while receiving benefits without medical clearance can be considered fraud. Injuries must be reported within 30 days, and if the work-related nature of the injury is realized later, you have two years to file a claim. This also applies to mental health conditions. Consulting a lawyer is advisable for specific cases.

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What if they continue the same exact job
If the employee in New York State continues the same job after filing a workers' comp claim, it can be due to:
- Their injury isn't severe enough to prevent them from working.
- They're working while their claim is being processed.
But, if they're working while receiving benefits, it could be fraud.
You can work while your claim is being processed?
Yes, in NYS, you can work while your workers' comp claim is being processed. However, if you're receiving benefits and your work violates the restrictions set by your doctor, it could be considered fraud.
So once you start getting benefits you can quit?
In New York State, if you start receiving workers' comp benefits, you don't necessarily have to quit. But if your doctor has not cleared you to work, continuing or resuming work could be seen as fraud. Any changes should be reported to the insurance company.
When do you have to report the injury?
In New York State, you should report your injury to your employer within 30 days. Failing to do so could result in a denial of your workers' compensation claim.
What if you didn’t realize the injury was due to work until later on
In NYS, if you didn't realize your injury was work-related until later, you have two years from the date you became aware of the connection to file a workers' comp claim. It's important to consult with a lawyer in such cases.
This is the case for mental health as well
Yes, for mental health conditions related to work in New York State, you generally have two years from when you realized the condition was work-related to file a claim. It's crucial to seek legal advice in such situations.