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Hi , I have a question related to my workers compensation claim in NY.. I was injured this past November..However, just recieved

Jefferson Valley, NY |

Claim number and worker comp insurance agent representative..Supposedly, he will check with my employer , verify information this week..HOWEVER, since this did happen months back and I am just filing recently..Can my employer say either, that I was not employed there or that I was not injured during work? Long story short..I was only employed there for two days and my injury occured while at work at a job site on my 2nd day AND he paid me for the two days work in cash.. BUT the employer/owners son knows I was injured and a coworker saw, witnessed it..(I fractured a bone in my foot) . I went to the hospital the same day, (Later on that day after work) I dealt with the pain during work and didn't really show it..Later after xrays I realized extent of injury..I saw fracture xray.

Attorney Answers 3

  1. If the report from the hospital says you were injured at work you should be fine. If the employer denies that you worked for him or denies you were injured you will probably need an attorney to help you establish your claim. You should remind the owners son and the co-worker that you were injured.

  2. Your employer may fight the claim, especially because you only worked there for two days. However, if the employer paid the medical bill (you mentioned an xray), this makes your case stronger. Ultimately, if the employer and/or insurance carrier insist on fighting the claim this will likely require testimony from your employer and you regarding the circumstances of the claim. Don't be fearful of this process, just get an experienced workers' compensation attorney to help you with your claim. You are entitled to your day in court and you are entitled to an attorney to help you. Good luck.

  3. You may face a fight from the employer and carrier. When the carrier rep calls the employer to ask about your injury, your employer may choose to lie to avoid the claim and any potential increase in his WC premiums. If he is honest, he will confirm you were an employee and your on the job injury.

    You need an experienced and knowledgeable NY Workers' Compensation attorney to help you immediately.

    First, you want to file a C-3 or an AMENDED C-3 if yours was incomplete to list the two witnesses.

    Second, you want to make sure to list and your notice to the employer's son and the co-worker on the C-3.

    Third, make sure you send in copies of the ER reports and x-ray to the carrier and the WCB, not just the discharge instructions that they handed you.

    Fourth, an attorney can help you prepare a pre-hearing conference statement listing your witnesses and asking for the testimony of the employer, his son, and the co-worker along with your medical providers.

    Fifth, you need to tell your attorney about all evidence of your employment, including who you interviewed with, the terms of your employment, your time card, the locations that you worked, the names of any persons you saw or who saw you at any job site(s), any uniform or equipment/tools provided to you, the names of any coworkers, and any information about the work you performed.

    Sixth, do you have any evidence of your cash payment, like a deposit slip or a payroll note showing your dates worked, your hourly rate, and/or the number of hours worked?

    Seventh, do you have any e-mails, texts, or voicemails from your employer about your employment, your accident, or your medical treatment? If so, give them to your attorney.

    Eighth, who paid for your medical treatment? If it was your employer or the WC carrier, this is important evidence to give to your attorney.

    All of this information will help to convince the carrier that you were an employee and that you were injured at work so that the carrier accepts your claim right up front. If not, your attorney will be better prepared to fight your case and win.

    Don't wait to see what happens. The carrier is talking to the employer and the witnesses now. Get your proof together.

    Next time don't wait. Get an attorney immediately and the attorney will help you properly file your claim in a timely fashion.

    Good luck

    Dan Bronk's response to this question does not create an attorney-client relationship, nor does it constitute legal advice. The response is Dan Bronk's answer to a hypothetical question and without any knowledge of the specific facts or legal issues involved in your case. Do not take any legal action without consulting Dan or another experienced attorney for proper legal advice that can only be provided after a careful and thorough review of your case.

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