How Can I Prove My Injury Is Work-Related?
As workers comp attorneys NY provides might explain, proving that an injury was work-related is essential in a workers comp claim. Many injured workers have trouble determining whether or not their injury was technically related to their job duties, and even more workers have trouble proving their claim.
Requirements of Workers Comp Claims
The primary requirement for a successful worker compensation claim is that the injury was sustained “on the job.” This often means that a worker sustained an injury in their physical work environment. For a worker whose responsibilities include remote work (such as driving a truck), a valid injury would be one sustained while performing work-related duties.
There are several other requirements that must also be met in a viable workers compensation claim. Firstly, the employer in question must hold a workers compensation policy. The majority of employers are required by state laws to do this, but smaller businesses could be exempt under special circumstances. Secondly, the injured person must be employed by the company where the injury occurred. A customer who slips and falls in a store, for example, would not be able to file a workers comp claim under the store’s policy.
Exemptions to Workers Compensation Coverage
When an injury occurs in certain situations, and even when all other requirements are met, the injured worker might not have a viable claim. Some common exemptions include:
- Lunch breaks;
- Work parties;
- Company-sponsored events (like sports games or picnics);
- Commuting to or from work; and
- Injuries sustained due to wrongdoing or criminal activity.
Naturally, there are exceptions to these exemptions. If you’re concerned that your injury might not be covered under a workers compensation claim, contact a local law firm or team of workers comp attorneys NY has to offer to discuss your case.
Proving a Valid Work Injury
Many injured workers reach out to local workers comp attorneys NY depends on because they aren’t sure how to prove the validity of their claim. The first important step is to file a claim with the employer. The employer is required to notify the workers compensation insurance provider. This paper trail is essential for a valid workers compensation claim.
Other strong pieces of evidence include medical records, photos of the injury/workplace, and testimonies from witnesses or co-workers (when applicable). It’s not always easy to prove that an injury was directly related to work duties, as many NY workers comp attorneys would attest. For example, it can be difficult to prove that a repetitive stress injury, like carpal tunnel syndrome, was directly caused by a work duty and not by an outside activity. A good way to build a strong case is to keep a journal of daily activities, work duties, and symptoms.
Speak with Workers Comp Attorneys NY Employees Turn To
When you need workers comp attorneys in NY you can count on, our firm is here. We dedicate our entire practice to protecting the rights of injured workers, and we’re proud to do so. We offer free case evaluations to prospective clients, so if you have any questions, we encourage you to give us a call.
To schedule a consultation with workers comp attorneys NY trusts, contact Polsky, Shouldice & Rosen, P.C. today at (516) 594-0909 or (718) 875-0909.