Getting hurt on the job is something that can seriously derail life. Depending on the seriousness of the injury, you may find yourself laid up for quite a while. How will your bills get paid? Will medical treatment cause bankruptcy? If your employer carries some type of workers’ compensation insurance, you may be eligible to file a claim. Before getting started, check out the answers to three common questions about the workers’ compensation process. For more detailed information, contact one of the New York workers’ compensation lawyer from Polsky, Shouldice & Rosen, P.C.
How Do I Start The Process?
The workers’ compensation claims process is relatively easy to start. Once you are injured or become ill as a direct result of your job, you should go to your supervisor or manager and report it. If your accident is severe enough to warrant an ambulance, your employer should start the process of filing the claim for you. However, you will need to provide your statement and give further information upon your return. As soon as you believe your job caused you to be hurt, you should report it.
I Was Injured In A Different State Than Where I Reside – Where Do I Apply For Benefits?
The laws of workers’ compensation insurance and residency requirements may differ from state to state; however, the general rule is that you may file in either the state you live or the state where you were hurt. One thing workers comp attorneys may advise is comparing the level of workers’ compensation benefits in one state or the other, and filing in the one with better payment rates or perks. The location, therefore, does not matter so long as you submit the claim timely.
Can My Employer Reprimand Me For Filing A Claim?
Your employer cannot fire you, demote you or reprimand you for filing a valid workers’ compensation claim. You cannot be pushed out of your job while you are out on medical leave. While the employer may be able to fill your position with someone else, they must also either bring you back to that position or a similar one for the same pay. If you have work restrictions imposed due to the injury, you may not be able to perform the same job, but your employer will have to accommodate those restrictions and continue paying you at the same rate no matter what. The benefits of having one of the attorneys from our firm representing you is that they can help protect your rights against any retaliatory actions by your employer.
Injuries at work leave employees unsure of what to do next. You must proceed with caution. Although you may believe that your employer has the best intentions, it will be vital that you speak with Polsky, Shouldice & Rosen, P.C., for the guidance and support that you deserve. Our attorneys are prepared to assist you in putting your best foot forward. Reach out to us today for help getting your claim started with a consultation to review the details of your specific case.
