What Are The Requirements For Filing A Claim?
If you get injured on the job, it's very important to give your employer written notice of your injury within 30 days. The sooner you give this notice, the less likely it is that you'll run into complications. Your employer will then be required to file a report with the Workers' Compensation Board.
Additionally, you must also seek medical care for your injuries. This will help you begin the healing process. In order to qualify for benefits, your doctor must establish that your injury, illness, or disability was directly caused by a work-related accident or due to your working conditions. It's important to continue seeking treatment while you're injured in order to provide the necessary medical evidence for filing a claim.
What Expenses Are Covered?
An approved Workers' Compensation claim will provide financial assistance for the following expenses:
- 2/3 of your average weekly wage
- Medical expenses
- Special compensation for loss of use of body parts
- Additional compensation for partial disability
If your injury is permanently disabling, you should consider filing for Social Security disability benefits in addition to Workers' Comp. A lawyer who specializes in work injury benefits can help you recover the full compensation you're entitled to.
Can I File A Lawsuit For A Work Injury?
Lawsuits for work injuries are not common, but they are possible in certain circumstances. While suing your employer is rarely an option, you may have grounds for a lawsuit if a negligent third party (someone other than your employer or co-workers) caused your injury. You may file a personal injury lawsuit in addition to filing for Workers' Comp.
In a third party personal injury claim, you could recover additional compensation for the following expenses:
- Past and future pain and suffering
- Loss of quality of life
- Past and future lost income
- Punitive damages for cases of extreme negligence
- Loss of consortium for families in wrongful death cases
Lawsuits For Construction Worker Injuries
These types of lawsuits are common on construction sites. These job sites usually have independent contractors and workers from multiple employers in close proximity to each other. It's easy for a construction worker to get seriously injured due to a third party's careless mistake.
Common examples of construction site negligence which could lead to a personal injury claim include:
- Independent contractors and subcontractors failing to follow safety rules
- Property owners failing to keep the premises safe from hazards
- Construction site managers failing to provide proper safety gear
- Malfunctioning or defective machinery and tools
If you were injured due to another party's recklessness, you should consider speaking with a lawyer about the possibility of a personal injury claim.
Do I Need To Have A Lawyer To File For Workers' Comp In New York?
You're free to go through the Workers' Comp process on your own, but receiving benefits is more difficult than most injured workers realize. Insurance companies are skilled at finding reasons to deny claims and many employers try to avoid paying benefits. At Banville Law, our dedicated work injury lawyers know how the system works and what is required for a successful claim. We can help you get the benefits you need while you're recovering.
The majority of claims are denied on the first attempt. Legal representation greatly increases your odds of an accepted initial claim, but don't stress too much if your first claim has already been denied. An experienced lawyer can help you gather all of the important documents and medical evidence you need to file a successful appeal.
If your benefits have been terminated prematurely, you may wonder what recourse you have. Work injury lawyers are also skilled in helping injured workers continue to receive the benefits they need while they're out of work.
Regardless of your particular situation, we have the experience and knowledge needed to help you get the assistance you need until you're ready to go back to work. To learn more and begin planning for your recovery, contact us today for a free consultation.