3 Things To QUALIFY for Workers' Comp in New York

If you have been injured on the job in New York State, there are three crucial elements you need to qualify for workers' compensation. These elements are commonly represented by the acronym ANCR, which stands for “Accident, Notice, and Causal Relationship.” In this blog post, we will break down what each of these elements means and how to determine if you qualify for benefits.

Accident

The first element required to qualify for a workers' comp claim is an "Accident." Essentially, you need to demonstrate that a work-related accident occurred. For instance:

• Did you fall down the stairs at your warehouse?
• Were you hit by a car while delivering packages?
• Did a beam fall on your arm at a construction site?

If you experienced an accident while working that resulted in injury, you meet the first requirement for workers' comp benefits.

A subset of this category is known as an occupational disease, which occurs when you develop an illness or condition due to your working conditions. Common examples include:

• Repetitive Motion Injuries: For example, working on an assembly line and developing carpal tunnel syndrome from repetitive motions.
• Exposure-related Illnesses: Developing lung disease from prolonged exposure to asbestos on a construction site.

If your illness or condition is a direct result of your work environment, it also satisfies the first element needed to qualify for workers' comp benefits.

Notice

The second element is "Notice." New York law requires you to provide written notice to your supervisor within 30 days of your accident or injury. The written notice should include:

• Your name and address
• The date and time of the accident
• The location where the accident occurred
• A brief description of what happened
• A statement of the injuries sustained
• Your signature (or the signature of the person writing the notice on your behalf)

However, in practice, most cases are covered by "actual notice." This means the employer becomes aware of the injury through the events or circumstances of the accident. Examples of actual notice include:

• The employer witnessing the accident
• The employer hearing a crash or other disturbance indicating an accident
• A phone call from the police or a coworker informing them of the incident

For occupational diseases, the 30-day notice period can be more complex, as there isn't a specific accident date. The clock starts ticking from the day you knew or should have known that your condition was work-related, often marked by a doctor's diagnosis.

Causal Relationship

The third element is a "Causal Relationship." This medical determination links the injury or illness directly to the work accident or conditions. Your doctor will document how the injury occurred during your treatment. For example, a medical record might state:

“The patient was driving for Uber with passengers in his car and was hit from behind while stopped at a red light. He has injuries to his neck and back. It's my opinion that the injuries were caused by the accident.”

Here, the doctor is establishing the connection between your injury and your work, completing the causal relationship required for a workers' comp claim.

Conclusion

Those are the three elements you need to demonstrate to qualify for workers' compensation in New York: Accident, Notice, and Causal Relationship. If you have recently been injured or diagnosed with an occupational disease, evaluate whether you meet all three criteria.

If you need assistance, don't hesitate to reach out for a free consultation. Understanding these elements can significantly impact your ability to secure the benefits you deserve after a workplace injury.