How do I know if I am eligible for Workers’ Compensation?
You may want to speak with a workers comp attorney NY relies upon if you have been injured at work or while working. You may be eligible for workers’ compensation under the following conditions:
· You were injured in a workplace accident; or
· You were injured while participating in appointed duties.
If you were hurt during the course of your work, in all likelihood you should file a worker’s compensation claim. If you were at lunch during your accident, or driving in the course of work, you may still be eligible for workers’ compensation.
If there was drug or alcohol use, or you were involved in a crime situation or behaving in an unruly and disruptive fashion, you may not be eligible for workers’ compensation. However, if, even through your own fault, you were injured in the course of work, you should file for workers’ compensation. An educated and experienced NY workers comp attorney can talk with you about your individual situation.
What Is Workers’ Compensation?
Employers are required by states to have workers’ compensation. It functions so that an employee can file a claim with the employer’s insurance if they are injured instead of filing a lawsuit against the employer. Workers’ compensation is paid for by the employer and a no-fault insurance, meaning, it does not matter if you or the employer is at fault for the accident or injury. If you were hurt, you can file a claim.
In certain circumstances, you may also have a personal lawsuit against your employer that could work in tandem with your worker’s comp case. Your workers comp attorney NY depends upon can help you determine whether you have a third-party lawsuit against your employer or another individual or entity.
Can I Lose My Job by Filing a Workers’ Comp Claim?
It is against the law to terminate an employee who has filed a workers compensation claim for doing so. Many victims do not file worker’s comp claims for fear of employer retaliation. However, if there is such retaliation, you may be eligible for significant damages, both for your injuries and from the injustice of your termination. Speak with a workers comp attorney in NY immediately if you have experienced wrongful termination after reporting a work injury.
I Was Hurt by Equipment at Work. Should I File a Suit against the Equipment Carrier or the Product Company?
If you were injured while at work by equipment, depending on the specifics of the accident or injury, it is possible that your workers comp attorney NY believes in may also file a lawsuit against the makers of industrial equipment. If there was a known malfunction or a willful wrongdoing on the part of the company it may be your right to file. For example, if they were knowingly allowing defective parts to market.
Am I Eligible for Workers’ Compensation if I Am an Independent Contractor?
The short answer to this question is no, probably not. However, many employers try and hire independent contractors yet use them as employees and the IRS is not okay with this. If you can answer yes to any of the following questions, you may want to speak with a workers comp attorney NY trusts to find out if you are eligible for workers’ compensation:
· Did the company require certain hours for you to work?
· Do you use predominantly company equipment such as industrial equipment and technology?
· Does the company pay for your travel and business expenses?
· Is the company the only place you work?
· Do you use the company’s administrative staff?
· Are you paid a salary?
What Are the Financial Benefits I Will Receive While on Workers’ Compensation?
Although a typical benefit while on workers’ comp is 66 percent of salary, there are many variations, and additional costs that will be covered. Benefits are determined by the extent of your injuries, for example, you may be fully or partially disabled, or you may be able to work through your injury, in such an instance of carpal tunnel and occupational diseases. Alternatively, a victim can die from injury, their family left to file for funeral expenses.
It is very difficult to know what the outcome may be before speaking with a workers comp attorney NY offers to support the victims of workplace injury and accident, call Polsky, Shouldice & Rosen today at (516) 594-0909 for your free case consultation.