Obtain the services of a NYS Licensed Workers’ Compensation Representative. Claimants may represent themselves at the Workers’ Compensation Board, but occupational disease claims are even more complicated than accident claims. A worker starts an occupational disease claim by filing a C-3 form. However, a worker can easily write something on a C-3 form in an occupational disease case that the employer will use against him/her late in the case. For this reason, the worker should complete the C-3 form with NYS Licensed Representative.
You must see a doctor! Some doctors specialize in occupational injuries. To proceed with your case, your doctor must submit a medical report that includes the history of your work that caused the injury (“Ms. Jones has been working in data entry for six years”). The report must include a diagnosis (“Ms. Jones has carpal tunnel syndrome”). Lastly, the report must give an opinion whether the work caused the injury (Ms. Jones’ carpal tunnel syndrome is causally related to her data entry work”). The C-4 form has questions that cover all of these elements. A report that includes all of these elements is called “prima facie medical evidence.” The burden then shifts to the employer to produce a medical opinion from its doctor that rebuts this evidence.
If you choose to accept Workers’ Compensation Benefits you can not sue your employer.
However . . . If you are involved in a motor vehicle accident with another car you might be able to file a lawsuit with the driver of the other car.
We frequently represent Workers' Compensation cases in Long Island New York (NY) including, Albertson, Bethpage, Dix Hills, Elmwood,Huntington, Huntington Station, Levittown, Westbury, South Huntington, Hicksville, Bayville, Glenncove, Merrick, Bellmore, Syossett, Jericho, Plainview, Roslyn, Roslyn Heights, Deer Park, Glenn Head, New Hyde Park, Manhasset, Farmingdale, Hauppague, Patchague, Deer Park, east Meadow, Mellville. In Queens we often help people in Flushing, Jamaica, Douglaston, Long Island City