Filing A Workers’ Comp Claim For A Warehouse Work Injury

Filing A Workers’ Comp Claim For A Warehouse Work Injury 2018-01-22T14:28:06+00:00

Have you been injured in a warehouse work accident? You may have several questions:

  • Am I covered under workers’ compensation?
  • What types of injuries are eligible for workers’ comp?
  • Can I sue if defective equipment caused my injury?
  • What should I do if my claim got denied?
  • Can a lawyer help me with workers’ comp?

We have answers to these and other common work injury concerns.

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Working in the shipping and receiving industry is more demanding than many people may realize. These environments are hectic and fast-paced, and warehouse workers must engage in a variety of physically strenuous activities throughout each shift. In this type of environment, it’s easy for accidents and serious injuries to happen.

Warehouse employees work hard to provide us with the convenience of products delivered at the touch of a button. When they get hurt on the job, it’s only right that they get fairly compensated for their injuries. Like most other New York employees, warehouse workers are guaranteed workers’ compensation coverage in case of an injury. However, applying for and receiving these benefits is more complicated than most workers expect.

Applying For Workers’ Compensation

If you’ve been injured at work and it’s serious enough to require missed days, you’re entitled to financial assistance in a workers’ comp claim. Any work-related injury or illness is covered under this form of no-fault insurance. It doesn’t matter if you caused the injury through your own negligence, you’re still entitled to benefits. And your employer is protected from lawsuits, even if their negligence causes an injury.

Unfortunately, it’s common for injured workers to face roadblocks when attempting to claim their benefits. Insurance companies and employers both have an interest in denying claims. If you’re struggling to receive the compensation you deserve, it may be wise to consider speaking with an experienced New York warehouse work injury lawyer who knows how the workers’ compensation system works.

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Occupational Hazards In Shipping & Receiving

The physical nature of warehouse work creates a variety of occupational hazards. This industry also requires the use of heavy machinery, which can cause serious injuries when an accident occurs.

In a worker safety guide, the Occupational Safety and Health Administration (OSHA) identifies the following common hazards for warehouse workers:warehouse worker transporting boxes

  • Unsafe use of forklifts – Misuse of forklifts and other heavy equipment endangers the operator and everyone else in the warehouse. This can cause serious accidents and injuries, such as an employee suffering a head injury after being struck by the forklift.
  • Improper stacking of products – If products are improperly stacked, they may fall over and crush or trap workers.
  • Failure to use proper personal protective equipment – All warehouse workers need to strictly follow regulations regarding safety equipment in order to reduce the risk of injury.
  • Failure to follow proper lockout/tagout procedures – Failing to power off and tag potentially dangerous machinery can lead to debilitating and even fatal warehouse accidents.
  • Inadequate fire safety provisions – With so much merchandise, fire can spread quickly in a warehouse.
  • Repetitive motion injuries – Physical labor often causes injuries to slowly build up over time, due to repeating the same motions with the same muscle groups over and over. This can cause conditions like tendinitis, bursitis, and chronic pain in the back, neck, and shoulders.

Remember that even if you got injured because you made one of these mistakes, you still qualify for benefits.

Can Warehouse Workers Sue For Injuries?

In situations involving a negligent third party (someone other than a co-worker or your employer), you may have grounds for a personal injury lawsuit. For example, if you were injured in a warehouse accident which was caused by defective machinery or safety equipment, you could potentially sue the manufacturer of that product under product liability statutes.

Can A Lawyer Help Me Get My Benefits?

Whether you’re unsure of how to file for benefits or you’re looking to appeal a denied claim, Banville Law’s experienced work injury lawyers are here to help. It’s normal to feel overwhelmed by the workers’ compensation process. Many injured workers are not prepared for the resistance they face from their employers, insurance carriers, and insurance lawyers. In order to give yourself the best chance at receiving the compensation you deserve, it’s often necessary to have your own experienced lawyer who can take on these powerful people in court.

We’re prepared to help you gather the evidence you need for a claim, negotiate with the insurance company, file a successful appeal if you’ve been denied, and determine if any third parties could be held liable for your injury.

We also understand the financial anxiety that comes with a work injury. That’s why we’ll gladly evaluate your case in a free consultation, and work on contingency fee basis so you owe us nothing unless we help you get the benefits you rightfully deserve.

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WORKERS' COMP FREE CASE EVALUATION

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