Went to turn on TV at work , TV fell , strained left arm/elbow/wrist . Ambulance came , but did not want to be admitted. If I still have soreness and pain after a few days, and see a doctor, am I still covered by workers comp ?
It is best to see someone right away, even if it is in the ER. You should still be covered by workers' comp even if you do not see a doctor for a few days. The best bet is to contact an attorney in the area where you were injured because the laws are different in each state. For example, in IL you have 45 days to provide notice of your injury. I always tell my clients to report the accident right away to your supervisor, manager, etc. Because even if you do not wish to pursue a claim, it is best to give notice of the accident to someone at work. Then if you do decide to pursue the claim later on, at least the notice requirement is met. I would follow up with your primary care provider and call an attorney.
You have 30 days to notify your employer and 2 years to bring a claim before the NYS Workers' Compensation Board. Contemporaneous medical documentation describing the work related accident and injuries sustained is needed to support your claim.
I would suggest you obtain medical documentation as soon as possible, notify your employer of the accident and file a C3 form with the NYS WCB. Please consult with an attorney. The consultation is always free for Workers' Compensation claims.
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Yes, you can still make a claim if within the time frame to do so. Especially if you will be able to prove the ambulance came and on what date.
It does not hurt your rights, but you should seek medical attention because you will need to show that you had an accident at work with supported medical evidence giving a diagnosis, causal relationship and degree of temporary impairment. YOU MUST make sure you file the claim if you haven't already. You should get the help of an attorney because it does not cost you anything out of pocket, consultations are generally free, and attorneys help you maximize your recovery. In cases like yours you may be entitled to what is called a schedule loss of use award once you reach maximum level of medical improvement even if you never missed a day of work.
My answers on Avvo or anywhere online do not establish an attorney-client relationship and are not to be taken as legal advice. Medici Law P.C. and myself will not be held responsible for advice followed herein that leads to an undesirable outcome. As helpful as Avvo is, you should always consult with an attorney prior to taking any legal action or steps in your claim.
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