Applying For Workers’ Compensation After A Bone Fracture

Applying For Workers’ Compensation After A Bone Fracture2018-08-16T14:09:28+00:00

Are you unable to return to your job after breaking a bone in a work accident? You may be wondering:

  • Am I covered by workers’ compensation?
  • How do I file a claim?
  • What should I do if my claim got denied?
  • Can I file a lawsuit?
  • Why should I hire a lawyer?

We can help you plan for your recovery from a work-related bone fracture.

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Anyone who’s ever broken a bone knows how frustrating it can be. It’s especially stressful when a broken bone prevents you from returning to work. You may be struggling with pain and impaired mobility as you try to get back to full strength.broken arm xray

Workers’ compensation is available to assist New Yorkers who have been injured on the job by providing compensation for medical expenses and a portion of lost wages. However, successfully applying for these benefits is more challenging than you might think. Workers’ comp is a large insurance program, which means that the powerful insurance companies who run it have a financial interest in denying coverage.

Additionally, workers with severe injuries often require additional compensation beyond their work benefits. This additional compensation may be available in the form of Social Security disability benefits or personal injury lawsuits, depending on the circumstances of the injury.

In any work injury claim, it’s usually advisable to have the guidance of an experienced work injury lawyer. The right lawyer can help you fully prepare for filing a claim and negotiate with insurance companies on your behalf. He or she may also help you explore additional compensation options, if applicable. Without legal guidance, you may struggle to receive the maximum compensation you’re entitled to.

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Work Accidents That Cause Broken Bones

Bone fractures can happen in a variety of workplace accidents. While workers in certain dangerous fields (such as construction) are at a higher risk, a broken bone accident can happen in any work environment.

Common accidents which result in bone fractures include:

  • Falls from heights – Occupations which involve working from heights are especially susceptible to broken bones on the job. Falls from high elevations frequently result in multiple bone fractures and may require extensive rehabilitation times. Even a slip and fall accident from a low elevation can cause serious fractures.
  • Motor vehicle crashes – Auto accidents consistently rank among the highest causes of injury in the US. Workers who drive for a living (e.g. truck drivers, public transport workers, delivery drivers, etc.) are always at risk of being involved in an accident with a negligent driver.
  • Direct blows – A direct blow from a heavy force may cause a fracture on impact. These types of accidents are common on construction sites, as workers may be struck by falling tools, debris, or heavy machinery.
  • Repetitive forces – Over time, repetitive forces can cause small stress fractures. These fractures most commonly occur in the feet and legs. Jobs which involve heavy lifting are at a higher risk for work-related stress fractures.

Remember that all work-related injuries are eligible for workers’ compensation, regardless of how they occurred. Even if your injury is your own fault, you still qualify for benefits.

The Costs Of A Bone Fracturebroken fingers in cast

Medical care for broken bones is costly and time-consuming. Your treatment may vary depending on the severity of your fractures, but limiting physical activity is important in virtually all bone fractures. This means that you’ll be limited in both your recreational and professional activities while you recover.

Severe breaks and cases involving multiple fractures often require surgery, extensive hospital stays, and possibly home care. It doesn’t take long for the medical bills to become unmanageable.

Workers in this situation need to be assured that they can support themselves until they’ve fully recovered. In order to fully explore all possible routes for compensation, it’s usually necessary to have your case reviewed by an experienced work injury lawyer.

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Can I Sue For My Injury?

Workers’ compensation prohibits you from suing co-workers and employers for causing a work injury. But if you were injured in a work accident caused by a third party, you could potentially hold that party liable in a personal injury lawsuit.

Work injury lawsuits are especially common in the construction industry, as these workers come from a wide range of employment sources. For example, if you broke several bones after being struck by an improperly operated crane, you could potentially hold the crane operator’s employer liable for additional expenses beyond what is provided by workers’ comp, as long as you don’t share the same employer.

Another example would be a delivery driver who is injured in a car accident with a drunk driver. The delivery driver would likely have a strong personal injury lawsuit against the drunk driver, since driving while impaired is a form of negligence.

A successful personal injury lawsuit may provide additional financial compensation, including:

  • Pain and suffering
  • Loss of earning potential
  • Property damage
  • Emotional distress
  • Loss of enjoyment of life

When Should I Contact A Lawyer?

In order to receive the compensation you need within a reasonable amount of time, you should speak with a lawyer as soon as possible following your injury. A knowledgeable work injury lawyer can get you through the process more quickly and without headaches from the insurance company.

At Banville Law, we offer free consultations and only require payment if and when we help you win. This way, you can focus on earning the compensation you deserve without worrying about your finances.

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