New York On the Job Injury Attorney
When an employee is injured due to a work-related activity, the employer acts as the liaison between the injured employee and the workers’ compensation agency. However, if the employer does not take on this responsibility, do you know what to do? Although it is rare, some employers do not want to be held monetarily and legally responsible for any injuries that occur in their business. This simple guide will explain how this dynamic is supposed to work and what you should do if your employer refuses to file your workers’ comp claim. For more detailed information and assistance, contact a New York on the job injury attorney from Polsky, Shouldice & Rosen, P.C.
The Workers’ Comp Process
If you are injured, the first thing you should do is seek medical attention. Once you are certain that you are safe from further harm and your injuries are cared for, the next thing you should do is report the injury to your employer. They have several legal responsibilities once an injury is reported to them, but they are not required to do anything unless you report the injury. You should always report any injury, no matter how minor you may think it is. If it gets worse over time, you may not be eligible for workers’ comp if you did not report it when it happened. Your chances of being compensated without issue are higher the earlier you report the injury. Next, contact a NY on the job injury attorney for legal advice.
The Obligations of the Employer
When an injury is reported, your employer has a few legal responsibilities:
- File an injury report with the workers’ comp agency or insurance company
- Provide the injured employee with the necessary paperwork
- Compensate the injured employee in one way or another
The specifics of these responsibilities will vary from state to state. For example, the exact paperwork your employer provides you is state-dependant. Compensation may be direct, or it may be through an insurance policy or state agency. Your NY on the job injury attorney can explain how it works in New York.
If Your Employer Refuses
If your employer does not meet his or her legal responsibility, you have the right to file a lawsuit against them. You are entitled to compensation for your injuries, regardless of who is at fault for the injury. The only requirement is that it happened while doing work-related activities. If you do not receive the compensation you are owed through workers’ comp, you have a very good chance of receiving it through a lawsuit. Speak with a NY on the job injury attorney to understand how to proceed with a lawsuit.
Most employers are legitimately concerned with the physical safety of their workers. Yet, even the most conscientious and invested employers may understandably blanch when they view the cost of certain pieces of personal protective equipment (PPE). Depending on the nature of the job being performed, the cost of PPE can be astronomical. And yet, it is critically important that employers take worker PPE seriously and do not “skimp” when it comes to ensuring worker safety.
Not only can a failure to provide adequate PPE result in high workers’ compensation premiums/payouts and citations/fines from the Occupational Safety and Health Administration, it can result in the injury and even death of workers. In addition to the lawsuits that could potentially be filed in the wake of injurious and/or fatal accidents, knowing that you have allowed your workers to suffer preventable harm is a reality that could haunt you forever. If you have questions about PPE, do not hesitate to contact a New York on the job injury attorney before it is too late.
Why PPE Matters
Failure to provide adequate PPE can lead to worker safety concerns and job satisfaction problems. As a result, you could start losing your best workers to your competitors if you don’t take proper measures to keep your current employees safe. Similarly, inadequate PPE could hurt your profits if your company becomes the subject of higher workers’ compensation premiums/payouts, fines, lawsuits and/or a downturn in your share of public/customer goodwill.
When it comes to proper PPE, the initial costs may be significant, but they can pay off in the long-term. Happy, safe workers will likely lead to a more productive, effective and efficient work environment. Workers who feel cared for are more likely to perform their jobs well and with a minimal amount of distraction and waste. As a result, when thinking about the costs associated with protecting your workers, it is important to think about the long-run and not just a short-term bottom line. It is for this, and many other reasons, why you should seek legal guidance from a New York on the job injury attorney if you are unsure of what kinds of PPE you need to provide your workers.
If you employ women or any workers with disabilities, it is important to ensure that their PPE is properly fitted and accommodating. If you fail to take these reasonable measures, you could be held liable in the event that these workers are injured in an accident. Not every piece of PPE fits every worker. Taking body type, gender, disability and other variations into account will help both you and your workers stay safe into the future. Too often, employers only contact a lawyer when an accident has occurred. But proactively consulting with a New York on the job injury attorney could help you prevent legal liability and accidents in the first place.
Legal Guidance Is Available
If you are either an employer concerned about the practical and/or financial realities of providing for worker safety or you are a worker who has sustained an injury or illness as a result of your employer’s refusal to provide adequate PPE, please do not hesitate to consult with a New York on the job injury attorney about your legal rights, obligations and options. It is important not to make assumptions about your situation before speaking with an attorney as the area of law concerned with worker safety is complex and constantly evolving. Your options may be more varied and flexible than you might perceive at first glance. The legal team at Polsky, Shouldice & Rosen, P.C. can help you to sort them out and can provide guidance and support moving forward.
“I used Mark Polsky and his team to help with my worker’s comp case. He and his team are professional and were always looking out for my best interests. They were always available to answer any questions I had, and checked in on me frequently to see how I was feeling, and provided me with updates on my case. I highly recommend them.”