Add Formula Field To Legal New York Workers' Compensation Forms For Free

Appeals must be filed within 30 days of the filing date of the judge's decision [Workers' Compensation Law § 23]. Doctors, pharmacies and other medical service providers may not appeal. An injured worker may file an appeal regarding the payment of medical bills, by the insurer, to a treatment provider.

From filing your claim to having the money in your hands, the entire settlement process can take around 12-18 months, depending on the details of your case and whether or not you have legal representation.

Section 32 Waiver Agreements are a negotiated agreement between the injured worker and the insurance carrier to settle indemnity and/or medical benefits on a claim. A waiver agreement ends the right of an injured worker to ongoing and future benefits in exchange for a lump sum payment or an annuity.

Once the provisional period has run, the Board issues a formal decision approving the Section 32 agreement. As a practical matter, this process typically takes about 3 weeks from the date of the hearing. The Carrier is obligated to make payment within ten days of the formal decision, not the hearing date.

Your employer is required to complete and submit Form C-2401, Employer's Statement of Wage Earnings Preceding Date of Accident. If your employer is late in completing this form, a temporary benefit rate may be paid. The formula for determining your weekly benefit is two-thirds of your average weekly wage.

There is a statutory waiting period of seven calendar days for workers' compensation benefits. NYSIF must begin payments within 18 days after the onset of disability. Subsequent benefits are paid bi-weekly. Compensation is not payable if an injured worker's lost time is equal to or less than one week.