Long Island Workers' Compensation Lawyer
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If you are currently employed in Long Island, NY, you have probably realized that almost any type of job may expose you to the risk of injury. Whether you work in the field of construction or you work within the confines of an office, there are a number of different ways in which you could find yourself seriously injured. Although some jobs are obviously more dangerous than others, it is important for anyone in the workforce to understand what options are available to them if they are harmed while on the clock.
Virtually all employers in the state of New York are required to provide their employees with workers' compensation insurance—with very few exceptions—so you should not hesitate to take advantage of the benefits that this coverage can offer. Should your claim be denied, a Long Island workers' compensation attorney at The Odierno Law Firm, P.C. can assist you in fighting for the compensation that you deserve.
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Who qualifies for workers' compensation in New York?
According to the workers' compensation laws of the state, practically everyone who is employed in the state is entitled to the benefits of workers' comp insurance. Since New York is not an "elective state," meaning that employers cannot choose whether or not they would like to purchase this form of insurance, you should be eligible to recover these types of benefits after a workplace injury.
This means that you must be an employee, however, and not a volunteer for a non-profit organization. That being said, all of the following are eligible to file for the benefits of workman's comp:
- Part-time workers
- Full-time workers
- Full-time workers
- Borrowed employees
- Domestic workers
- Public school teachers
The only exception that may apply is if you are a member of a religious order or a volunteer of any kind.
Deadlines for Workers' Comp Claims in Long Island, NY
After suffering an injury at work, it is crucial that you act quickly to protect your rights. The first step that you should take is to notify your employer of the injury, as you only have 30 days to do so if you are planning on subsequently filing a claim for workers' compensation. From there, you will have two years to complete a C-3 form — which is an "Employee's Claim for Compensation" — and submit it to the Workers' Compensation Board.
What is important to understand, however, is that simply notifying your employer will not guarantee you the opportunity to recover insurance benefits. You must take the appropriate steps to fill out and submit all necessary paperwork within the allotted deadlines. Failing to do so could mean that you will be forced to forfeit your right to compensation, so it is highly recommended that you discuss your case with a Long Island personal injury lawyer.
Workers' Compensation Vs a Third Party Claim
Workers' compensation laws have been enacted to help workers who have been injured or disabled on the job recover their costs for:
- Medical expenses
- Rehabilitation services
- Lost income
These benefits, however, are not always sufficient to fully compensate the injured for all of the damages of a work-related accident. Although in New York an employee cannot sue an employer for damages sustained in a work-related accident, it may be possible to bring a suit against any other parties that have negligently contributed to your injury.
This would be called a "third party claim." In some cases, the employer could have done nothing to prevent the accident, but the fault instead lies with a product manufacturer. In this way, it is possible to recover damages for pain and suffering, additional lost wages, and future medical needs.
Find Out How a Long Island Personal Injury Attorney Can Help
Despite the wide acceptance of safety measures and attention to the health and safety of workers, each year thousands of workers are seriously injured, or even killed, while on the job. Some jobs are inherently dangerous, but considering how much time we spend at work, it is almost inevitable that even the most benign employment situation can be an accident waiting to happen. When you're injured, your first priority is to recover. In order to do so, you will need the help of a legal professional that understands the ins and outs of the workers' compensation laws in New York.
If you have been injured on the job, do not hesitate to call our firm for help in getting you the compensation you will need to recover and move forward with your life.
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