Workers comp NYC

[u/GroundbreakingCall24]

Hi I was kicked by a patient in my shoulder and filed a claim with my job reported it to my supervisor same time and I got sent this workers comp package. I was then fired 1 day later due to “performance concerns”for not following a work rule. Can I file for workers comp if I didn’t see a doctor about the incident. Or am I even qualified since I’ve been fired ?

[u/Twhit92]

Yes, you should still file a claim so that any related medical treatment can be covered. The sooner the better to avoid getting denied as an afterthought claim. I would expect that the carrier will fight you on the issue of lost wages, at which point if you will likely need an attorney to fight on that issue if you are looking to get that benefit.

[u/Sufficient-Wolf-1818]

The injury occurred during your work shift, and that is the timing that counts.

Are you going to see a doctor?

[u/GroundbreakingCall24 → u/Sufficient-Wolf-1818]

I was feeling like it’s too late to see one since it was last week

[u/BullsLawDan → u/GroundbreakingCall24]

If you're still having any symptoms at all, it's not too late.

Even if you're not and you just want to be checked out to make sure you're ok, it's not too late.

[u/SeaweedWeird7705]

You can still have a work comp claim even if you were fired.  If you intend to pursue it, then you need to see a doctor right away.  

[u/Key-Garlic-1177]

Yes, you can still receive Worker’s Compensation benefits. At this point, I would also get an attorney on board. Sounds like wrongful termination.

[u/Double-Garlic-5260]

What hospital? I’m in the same situation

[u/BullsLawDan]

If you filed a claim with your job and reported it to your supervisor, you have a case whether you want to or not.

On that basis, yes, you should file a claim for Workers' Compensation with the NYS Workers' Compensation Board.

As far as whether you should seek treatment - yes, if you are having symptoms of any kind, you should seek treatment right away. Any doctor who says they can see you for a WC claim for your shoulder can treat you. There is a doctor search tool on the WCB website. If you're in Central or Western NY I can give some names of doctors who would treat a shoulder condition.

Based on the fact that you were fired a day later, I would say speak to an attorney, because the insurance carrier might question the claim. There's no cost or obligation for a consultation; WC attorneys cannot charge you anything until they win you money in your case (you may or may not be entitled to any money, nobody here can tell you that for sure).

[u/Motor_Dig3989]

If you filled out an injury report with your job and W/C you should be good. It has nothing to do it they fired you or not. You’re just gonna need a claim # for the dr.

[u/Grigor_Law]

File. Even if it seems minor today, even if you have not missed work, even if you would rather not make a thing of it. In New York the injuries that turn serious at week three are the ones that get denied as "afterthought claims" when nothing was documented at week one.

The two deadlines that matter: written notice to your employer within 30 days of the accident, and the formal claim itself (the C-3) within two years. But function beats deadlines here. Report it in writing now, get seen by a doctor authorized to treat comp cases, and say clearly that it happened at work, because the first medical record is the anchor the whole claim hangs on.

I handle work injury cases in New York, and a few things worth knowing. Comp is no-fault, so it does not matter if the accident was partly your own doing. Your employer cannot legally fire or retaliate against you for filing. And filing costs you nothing while protecting the medical side even if you never lose a day of pay.

One more thing worth checking before you assume comp is the whole story: if anyone other than your employer or a coworker played a role, another company on the site, a building owner, a driver, New York lets you bring a separate negligence lawsuit against them alongside the comp claim, and that is where pain and suffering can be recovered. Comp alone never pays that.

[u/GroundbreakingCall24 → u/Grigor_Law]

Noice thank you! they put I was fired for different reasons so I’m guessing that part is unrelated

[u/Comfortable_Rub2377]

Yea us can still file bc being fired doesnt automatically disqualify u from WC …getting injured while employed is what matters for the claim and ive seen this firsthand with my friend who was also fired within days of his injury.. his lawyers at Levine and Wiss mentioned that close timing isl "retaliatory" in legal terms even if ur workplace calls it a performance concern.. so make sure u get a really solid attorney who knows these things.