Accidents happen daily, but when they occur in the workplace, it may be necessary to consider representation from New York workers’ compensation lawyers. Succumbing to an accident can be an incredible hardship, and victims may be left to consort with lasting damages. Workers’ compensation can provide several benefits for victims, but complications can arise throughout the process. Additionally, there may be other ways to receive compensation through a third-party suit. Many may not fully understand their options after this type of accident. Fortunately, when working with a firm like Polsky, Shouldice & Rosen, P.C, it’s possible to have your questions answered regarding the process ahead and a professional who can truly put your interests first.
What benefits does workers’ compensation cover?
Accidents can happen in nearly any profession. While certain jobs are more hazardous than others, it’s still possible to suffer an accident while performing the most mundane tasks. Workers’ compensation is a benefit available to most employees. Workers’ compensation is available to employees regardless of fault, allowing victims to receive help to cover most of their losses. However, in exchange for these benefits, victims waive their right to pursue legal action against their employer. While it may be tempting to waive this right and pursue legal action, it’s essential to understand that this is not usually an option. When workers’ compensation is available, workers must accept benefits that include:
- Medical Treatment
- Long Term Care
- Lost Wages (only a portion)
- Disability Benefits
- Death Benefits
What immediate action should be taken after a work-related accident?
When an injury occurs, there are two types of situations victims may contend with. When an injury is so severe that victims are incoherent, 911 should be immediately contacted, and prompt medical care should follow. When a person is less severely injured, they should prioritize their medical care, report the incident to their employer, and seek treatment from a provider. These actions ensure the care and safety of the injured party and directly tie the accident to the workplace. As New York Workers Compensation Lawyers will share, it’s also vital to ensure that an incident report is completed to develop proper and accurate documentation.
Are workers’ compensation benefits available if the accident was my fault?
Yes- in most situations, workers’ compensation covers accidents that occur while at work because these benefits operate under a no-fault system. Victims are entitled to workers’ compensation regardless of whether the worker was at fault or their employer. However, it’s important to note that some circumstances may disqualify the injured party from benefits, such as situations involving gross negligence such as a wanton disregard for safety or working while under the influence of drugs or alcohol.
What are common reasons for a denial of workers’ compensation benefits?
Receiving a denial of workers’ compensation benefits can be profoundly disheartening for victims. Unfortunately, the process can become much more complex when a denial is received than the average work-related accident. There are several reasons that benefits may be denied, including:
- Improperly Completing Paperwork
- Pre-Existing Medical Conditions
- Engaging in Intentional Negligence
- Injuries Were Unreported
- Delayed Workers Compensation Claims
- Your Employer Disputes the Claim
What steps should be taken when benefits are denied?
Claim denials are often frustrating for victims needing workers’ compensation benefits. However, it’s essential to remember that there may be light at the end of the tunnel with workers’ compensation lawyers by your side. If you have received a denial of benefits, working with a professional to determine why and assist with managing the appeals process is crucial. It may still be possible to receive the help you require, and a lawyer from a firm like Polsky, Shouldice, and Rosen, P.C. can play a crucial role in determining the best course of action.
