On the Job Injury Lawyer – NY
When you get hurt on the job or become ill as the result of conditions at your workplace, you may find out that most doctors and hospitals now screen patients for workers’ compensation injuries or illnesses before allowing them to use their private health insurance. The reason for this is these incidents are often covered under workers’ compensation insurance, which is carried by some companies. To find out if workers’ compensation insurance covers costs related to your injury, please contact an experienced New York, NY on the job injury lawyer from Polsky, Shouldice & Rosen, P.C. Our firm has extensive experience helping clients through the workers’ compensation claims process and through legal alternatives for those who do not qualify for these benefits.
State Laws Requiring Workers’ Compensation Insurance
Workers’ compensation is not a federal law, and as such, each state has its own set of rules. Some states require most companies to carry workers’ compensation insurance while others do not. Realistically, most companies do have some form of protection, even if it is not required. The alternative might be civil litigation, which could put them out of business. However, it is important to speak with an experienced NY on the job injury lawyer before assuming that your employer carries this insurance. Failure to check first could lead to otherwise preventable negative consequences.
Your Employment Status Matters
Getting hired as a full-time employee almost guarantees you are covered under a company’s workers’ compensation insurance policy, unless your employer only has a few workers on staff. Part-time employees may also be eligible for coverage if they become the victim of a work-related injury. Some companies, however, may misclassify your position or the scope of your employment to avoid having to ante up payroll taxes. Workers’ compensation insurance does not cover most independent contractors or freelancers, and if there is an injury on the job, these workers may find themselves in need of legal guidance from a NY on the job injury lawyer in order to get access to benefits they should ordinarily be entitled to.
Your Injury or Illness Must Considered Work-Related
Defining what a work-related incident is may be tricky, especially when it comes to some repetitive injuries, travel-related accidents and chronic conditions. However, in general, the injury has to have occurred while an employee is performing work-related duties. An injury arising after hours is not generally covered unless the employee is performing a job at the request of the employer. If you are concerned that your situation may be affected by coverage-related exceptions, a NY on the job injury lawyer can clarify your legal options.
You Must Tell the Employer of the Injury or Condition
No matter how the incident happened, not telling the employer may spell trouble for a claim. If you fall and don’t report it, but wind up with chronic back problems months later that can be traced back to it, your application may be barred by time limitations. However, an illness or chronic condition that is not discovered for months or years may not be barred as it was not related to a single incident. With that said, if you fear that reporting your accident will leave you vulnerable to retaliation or wrongful termination, please reach out to a NY on the job injury lawyer before reporting your injury.
Understanding the workers’ compensation laws in the state you work is crucial to having a viable claim should you need to file one. Engaging the services of our firm may be the best way to clarify whether you are eligible for benefits.