Many employees who have experienced an injury in the workplace will likely find the process to be overwhelming and stressful, making them unsure of their rights and the most appropriate course of action for moving forward. Our team of legal professionals understand the challenges you face and are here to provide clarity on your legal questions. Our goal is to help you make informed decisions about your situation and ensure you receive the compensation and support you deserve. Here, we address some of the most frequently asked questions about workplace injuries.
What Should I Do Immediately After A Workplace Injury?
The first and most crucial step is to seek medical attention. Even if your injury seems minor, it’s essential to have a healthcare professional evaluate it to prevent complications. Inform your employer about the injury as soon as possible, ideally in writing, and document all details related to the incident. Keeping thorough records of medical visits, treatment plans, and any correspondence with your employer or insurance company will be helpful in your case.
Am I Entitled To Workers’ Compensation For Any Workplace Injury?
In most cases, employees are entitled to workers’ compensation for injuries sustained at work, regardless of fault. This coverage typically includes medical expenses, a portion of lost wages, and rehabilitation costs. However, there are some exceptions. Independent contractors and some other categories of workers might not be eligible. It’s important to consult with experienced legal professionals, like our New York workplace injury lawyers, to understand your specific rights and entitlements under state law.
How Long Do I Have To File A Workers’ Compensation Claim?
In New York, the deadline for filing a workers’ compensation claim is generally two years from the date of the injury or the date you became aware of the injury. To avoid missing any deadlines, it’s critical to initiate your claim promptly, and report your injury to your employer as soon as possible. Delaying your claim can complicate the process and potentially jeopardize your benefits.
What Happens If My Workers’ Compensation Claim Is Denied?
If your claim is denied, don’t lose hope. You have the right to appeal the decision. The first step is to request a hearing before the New York Workers’ Compensation Board. During this hearing, you can present evidence and make your case for why the denial should be overturned. It’s beneficial to have legal representation during this process to ensure that all necessary documentation and arguments are effectively presented. Lawyers with experience are available to support you through every stage of the appeal.
Can I Sue My Employer For A Workplace Injury?
Generally, workers’ compensation laws prevent you from suing your employer directly for a workplace injury. However, there are exceptions, such as if the injury resulted from intentional harm or gross negligence by the employer. Additionally, if a third party’s actions contributed to your injury (e.g., defective equipment or the negligence of a subcontractor), you might have grounds to pursue a personal injury lawsuit against that third party. Discussing your case with us can help determine the best course of action.
Seeking Help After A Workplace Injury
To ensure your recovery and financial stability, it’s crucial to have an understanding of your rights and options after a workplace injury. At Polsky, Shouldice & Rosen, P.C., we are committed to guiding you through the complexities of workers’ compensation and ensuring you receive the benefits you are entitled to. If you have further questions or need personalized assistance with your case, don’t hesitate to reach out to our group of tenured lawyers, with more than 30 years of experience in this area of practice. Let us help you secure the support you need to move forward with confidence. Contact us today to schedule a consultation and take the first step towards protecting your rights and well-being.
