Injured At Work? Here’s What You Should Know About Workers’ Comp

Injured At Work? Here’s What You Should Know About Workers’ Comp 2017-07-26T13:06:47+00:00

Have you been forced to miss work days after a job-related injury? You likely have many questions, such as:

  • "Does my injury qualify for Workers' Comp?"
  • "What if my claim got denied?"
  • "What can I do if my benefit payments have stopped?"
  • "Could I be eligible for other forms of compensation?"
  • "How long does a claim take?"

Call us now for help after a work injury.

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Every day, millions of New Yorkers work together to help drive one of the most integral parts of the American economy. We all depend on each other to keep this machine running, so it's important that every worker is protected when a work-related injury or illness forces us to take time off. No one wants to miss time at work unless it's necessary, but Workers' Compensation and other benefits are available to help families pay their bills when an injury does happen.

Unfortunately, it's not always easy for injured workers to receive the benefits they're entitled to. Even though virtually every New York employer is required to provide every worker with coverage, many workers run into complications when applying for benefits. Others may find their benefits terminated before they're ready to return to work. In these cases, it's often necessary to have an experienced Workers' Comp lawyer who can help you through each stage of the process.

Is My Injury Eligible For Workers' Comp?

Any injury or illness which is directly related to your job duties qualifies for Workers' Compensation benefits. This is a no-fault form of insurance, which means that it doesn't matter who caused your injury. You're guaranteed coverage even if the injury was the result of your mistake, and your employer is protected from lawsuits even when their negligence causes injuries.

These benefits cover all types of injuries, including:

  • Sudden accidental injuries like broken bones, lacerations, etc.
  • Repetitive motion injuries which build up over time
  • Occupational illnesses like mesothelioma or illnesses related to toxic exposure

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 What Are The Requirements For Filing A Claim?workshop saw blade

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 Injuriesconstruction welder at work

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.

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