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Man filling out a workers' compensation documentWorkers compensation lawyers New York recommends have represented various cases involving work-related accidents. While workers compensation is a mutually beneficial system for employers and employees, there will be many obstacles to overcome. Unfortunately, receiving workers compensation benefits is not always as straightforward as it seems. Understanding what the process entails with the assistance of Polsky, Shouldice & Rosen, P.C. is critical regardless of whether a person has an accident that qualifies or does not. The case may take different paths, but having the necessary legal experience will be imperative to gaining the best opportunity for the situation, especially when complications such as claim denials arise. 

Accepted Injuries for Workers Compensation Benefits

The workers compensation system in the U.S. dates back as far as the early 1900s and is essential for both workers and employers today. Workers comp is mutually beneficial because it protects the employer from legal action being taken by the employee. Most importantly, workers compensation ensures injured employees receive the benefits they need and protects them from retaliation on the part of their employer. The injured employee waives their right to file a claim or lawsuit against their employer in exchange for these benefits. Be aware that in addition to qualifying for one of the below injuries or illnesses, the employee must also meet the work-related requirements. Acceptable injuries that may allow for workers compensation benefits include:

  • Repetitive Motion Injuries
  • Illness & Disease from Exposure to Harmful Materials
  • Pre-Existing Conditions
  • Stress Injuries

Injuries on the job could include electrocution, slip and falls, being struck by an object, car accidents, and more. Victims with injuries should take immediate action by reporting the accident to their employer and seeking counsel from New York workers compensation lawyers. 

What You May Not Receive Coverage For

Although workers compensation may cover many work-related injuries, keep in mind that some accidents will not qualify. Workers compensation is considered a no-fault system, meaning regardless of whether the accident was the fault of the employer or employee- they will still have the ability to access available benefits. Unfortunately, there are a few types of accidents that may not allow a victim to receive these benefits, such as:

  • The employee was under the influence of drugs or alcohol
  • The accident was a result of “horseplay” or fighting
  • The employee was committing a crime when the accident occurred
  • Car accidents that happen during the employee’s commute 
  • Accidents that do not require medical care

Dealing with a work-related injury that does not qualify for workers compensation benefits can be incredibly frustrating, especially when contending with lost wages and exorbitant medical costs. Victims may face financial ruin on top of lasting injuries and work limitations. Because of this, it’s vital to explore available options with the guidance of an experienced lawyer. 

Managing Complicated Cases

Regardless of whether injuries qualify or don’t, victims should always consider speaking with a lawyer. With their guidance, it may be possible to find alternative solutions, especially when facing a claim denial or an accident that does not allow for workers compensation benefits. There may even be a third party who can be held accountable for negligence at times. For example, if a person was in a car accident during their commute to work, they won’t qualify for workers compensation. Still, they may pursue a settlement from the driver who was responsible for the accident. 

Reaching Out for Legal Support

Victims shouldn’t manage work-related accidents alone. A lawyer from Polsky, Shouldice & Rosen, P.C. will also determine an appropriate course of action. They may even identify additional factors that the victim was unaware of. These cases can be litigious, especially when the employer is disputing the case or the settlement being offered doesn’t cover the expenses acquired from the accident. Victims should protect themselves by immediately reaching out to New York lawyers experienced in workers compensation.