Your Rights In Workplace Injuries
Workplace injuries can be a challenging and confusing time for employees. Understanding your rights is crucial to ensure you receive the support and compensation you’re entitled to. Fortunately, your NY workers compensation lawyers can provide you with some much-needed guidance. At Polsky, Shouldice & Rosen, P.C., we often address various concerns and questions from clients. Here, we’ve compiled some frequently asked questions to help guide you through the process.
What Should I Do Immediately After A Workplace Injury?
First and foremost, seek medical attention. Your health is the top priority. After addressing any immediate medical needs, report the injury to your employer as soon as possible. Most states have deadlines for reporting workplace injuries, and failing to report in time can affect your right to receive workers’ compensation benefits. Document everything related to your injury, including how it occurred, any witnesses, and the medical care you receive.
Am I Eligible For Workers’ Compensation Benefits?
In most cases, employees who are injured on the job are eligible for workers’ compensation benefits. This includes medical expenses, lost wages, and rehabilitation costs. The specific benefits you may be entitled to can vary depending on the severity of your injury and your state’s workers’ compensation laws. It’s important to note that these benefits are typically available regardless of who was at fault for the injury.
Can I Choose My Own Doctor For Treatment?
The rules about choosing a medical provider for a work-related injury can vary by state. Some states allow you to choose your own doctor, while others require you to see a doctor approved by your employer or their insurance company. In New York, for instance, you may have the right to choose your own doctor, but they must be authorized by the NY Workers’ Compensation Board.
What If My Claim Is Denied?
If your workers’ compensation claim is denied, you have the right to appeal the decision. The appeals process can be complex and varies by state. It typically involves submitting a formal appeal and presenting your case at a hearing. At this stage, it’s often beneficial to have legal representation to help present your case effectively and navigate the legal procedures.
Can I Be Fired For Filing A Workers’ Compensation Claim?
It is illegal for an employer to fire you solely for filing a workers’ compensation claim. Such actions can be considered retaliation and are protected against under the law. If you believe you’ve been unfairly terminated or retaliated against for filing a claim, it’s important to seek legal advice promptly.
Get In Touch With Us Today
At Polsky, Shouldice & Rosen, P.C., we understand how overwhelming a workplace injury can be. You’re not just dealing with physical pain, but also the stress of medical bills, lost wages, and uncertainty about your job. Our team is here to help you understand your rights and guide you through the process of securing the benefits you deserve. If you have any more questions or need assistance with your workers’ compensation claim, please don’t hesitate to reach out to us. Let’s work together to ensure your rights are fully protected.
