What Are The Requirements For A Workers’ Comp Claim?
If you’ve been injured on the job, there are always two key first steps for applying for workers’ compensation.
First, seek medical treatment for your injuries as soon as possible. Even if you think they may not be serious, it’s possible for injuries to develop slowly and get worse over time. Prompt medical treatment can help you recover faster, and it’s also important to begin documenting your injury and gathering medical evidence for your claim.
Second, you should complete an Employee Claim (C3) form and notify your employer of your injury as soon as you can. Include when where, and how you got injured or ill. In New York, you are required to begin this process within two years of your injury.
What Should I Do If My Claim Was Denied?
If your claim has already been denied, don’t panic. It’s common for initial claims to be denied. With the right preparation and guidance from an experienced work injury lawyer, you may have a good chance to file a successful appeal and receive the compensation you need. This may require gathering additional evidence, which one of our resourceful work injury lawyers can assist you with.
What Are Some Common Hazards In Healthcare?
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Workers in healthcare facilities are exposed to a wide range of hazards every day. While stressing safety standards is important, workers in the safest facilities are still at risk of being seriously injured or contracting a serious illness on the job.
The Occupational Health and Safety Administration (OSHA) has identified the following healthcare industry hazards:
- Bloodborne pathogens and biological hazards
- Exposure to chemicals, drugs, and gases
- Respiratory hazards from airborne chemicals and agents
- Muscle and skeletal injuries from heaving lifting and repetitive tasks
- Workplace violence by patients, guests, staff, or intruders
- Hazards related to x-rays, lasers, and radioactive materials
Remember that many work-related injuries and illnesses may develop slowly over time. This is common with illnesses like asthma and repetitive stress injuries, such as chronic lower back pain from regularly lifting and carrying patients. Regardless of the nature of your injury or illness, you are eligible for workers’ comp if it’s directly related to your job duties.
Can Injured Healthcare Workers File Lawsuits?
While you’re not permitted to sue your co-workers or employer for work injuries, you do have the option to file a personal injury lawsuit if a negligent third party caused your injury.
For example, in May 2017, two Illinois nurses were held hostage by an inmate who was receiving treatment at their hospital. This inmate stole a gun from the guard who was watching his room and held the two nurses held hostage for over 3 hours before SWAT team members killed him. The nurses have filed a lawsuit against the Kane County Sheriff’s Office and the guard who may have failed to adequately supervise the inmate.
This is just one recent example, but when anyone other than a co-worker or employee causes an injury due to negligence, they may be held liable in a personal injury claim.
Is It Necessary To Have A Lawyer?
In order to get the full compensation you’re entitled to without headaches from the insurance company, it’s best to have an experienced healthcare work injury lawyer to represent you throughout the process. A respected attorney can help you get your claim or appeal accepted so that you can focus on recovering from your injury.
At Banville Law, we have the experience and resources you need for a successful claim. Additionally, we can determine if you have grounds for a personal injury lawsuit, which can provide additional compensation for damages such as pain and suffering and loss of quality of life. Our firm offers free consultations and we work on a contingency fee basis, which means you only pay us if we help you receive compensation.