Long Island Workplace Injury Attorney
Each day employees are injured in workplace accidents, usually caused by negligent, reckless or dangerous acts of others. Some employees experience financial hardship resulting from a loss of income while recovering from an injury. Unfortunately, others may be permanently disabled and unable to return to work.
If you or a loved one has been injured while on the job, you need to seek immediate legal representation from a Long Island personal injury lawyer who knows how to help you receive the maximum compensation that your deserve.
Experienced Representation from The Odierno Law Firm, P.C.
Injuries may be caused by a variety of actors; sometimes, partial responsibility is allocated to different people and entities. For example, a plant manager may have been negligent in adhering to safety codes, and the machinery may have been a poorly made or maintained, as well. Workers' compensation claims are filed differently than normal personal injury claims, and the process of establishing fault is different as well. For this reason, when you are filing a claim related to an on the job accident, it is of the utmost importance that your legal representation is well versed in workers' compensation. At The Odierno Law Firm, P.C., we have more than 150 years of combined experience in helping injured workers with workers' compensation insurance claims.
Causes of Injuries in the Workplace
If you have an injury caused by any of the following, you may be eligible to receive workers' compensation. These are just a few examples:
- Lifting or pulling a heavy object
- Construction accident
- Exposure to harmful chemicals
- Slip & fall
- On the job auto accident
- Machinery malfunction
- Repetitive motion
Not all jobs require the same level of skill or activity, just as some work environments can be more hazardous than others. We recognize that your accident and injury is unique with its own set of circumstances. It is important to discover what caused the accident, what happened during the accident and whether immediate medical attention was provided.
The type of injury you suffered and how severely the injury will affect your life will determine the amount of compensation you may receive. That is why you need a lawyer who will work aggressively for you through all stages of the legal process right from the beginning. Our firm is comprised of lawyers who understand workers compensation insurance law and will work to insist you receive the maximum possible compensation.
Filing a Worker’s Compensation Claim in New York
Nearly all workers—including both full-time and part-time employees—in the state of New York are covered by workers’ compensation. Additionally, the workers’ compensation system is a no-fault system, meaning you do not need to prove that someone else acted negligently or wrongfully in order to seek benefits. Because it is a no-fault system, your recovery is limited solely to medical benefits and wage replacement benefits (although, some industries offer death benefits to surviving family members when a worker is killed on the job).
In order to file for workers’ compensation in New York, you will need to show that your injury happened while you were on the job. You do not need to have sustained the injury while in the actual physical workplace; you need only prove that your injury resulted from your work-related duties or that it occurred while you were carrying out duties that somehow benefitted your employer.
Here are some things you should know about filing a workers’ compensation claim in the state of New York:
- After a work-related injury, you have 30 days to notify your employer of the incident/injury. You must notify your employer in writing. In the case of occupational illnesses, the clock begins ticking on the date on which you receive your diagnosis or the date you should have reasonably become aware of the disease/condition.
- As soon as possible after the accident, you should file your claim with the Workers’ Compensation Board. Complete Form Employee Claim C-3 as fully as possible and submit to the appropriate Board District Office. You may submit the form online or by mail.
- Within 48 hours of the accident/seeking medical treatment, you doctor should also create a preliminary medical report (Form Doctor’s Initial Report C-4) and submit it to the appropriate District Office.
- Within 10 days of being notified of the accident, your employer should report the injury to the appropriate Board, as well as to their insurance company.
- Within 14 days of being notified by your employer of your injury, the insurance company will provide you with a written statement outlining your rights under New York workers’ compensation law.
- If your claim is accepted, the insurance company will begin sending benefits within 18 days of receipt of the Employer’s Report of Work-Related Injury/Illness, if you are unable to work for a period of at least 8 days.
- If your claim is disputed or denied, the insurance company is responsible for notifying all relevant parties, including you and/or your representative if you have one. If your claim is denied, you may begin the appeals process.
While it is not always necessary to work with an attorney when filing for workers’ compensation after a work-related injury, it is a good idea to do so. The New York workers’ compensation system is complex and you may encounter a number of challenges in recovery your benefits. Our work-related injury lawyers can help. We can assist you in filing your initial workers’ compensation claim, appealing a denied claim, and/or filing a third-party work injury claim.
Contact us immediately to receive a free consultation with one of our Long Island injury attorneys.
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