Injured At Work? Here's What You Need To Know
As we spend a significant portion of our lives at work, the potential for workplace accidents and injuries cannot be ignored. In fact, according to the National Safety Council, a worker is injured on the job every seven seconds in the United States, totaling more than 4.7 million injuries per year. Workplace injuries not only cause physical pain and suffering, but also financial hardship and emotional distress for the injured worker and their loved ones.
Worker's Compensation in New York
If you're a worker who has been injured on the job in New York, taking swift action is crucial. You may have sustained any of the following injuries:
- Falling from a height in construction accidents
- Hospital workplace injuries
- Repetitive stress injuries
- Work-related car accidents
- Electrocution accidents
- Silicosis in tunnel workers
- Diseases from harmful exposure
- Asbestos exposure in utility workers
- Machinery accidents leading to amputations
- Injuries from heavy lifting
- Loss of hearing and vision
- Exposure to chemicals or fumes
- Injuries in warehouses from being hit by heavy objects.
Your first responsibility is to prioritize your health and get the necessary medical attention. Whether you need to visit the emergency room, an occupational medicine or physical therapy clinic, or your primary care provider, don't delay seeking treatment.
At the same time, reporting the injury promptly to your supervisor is critical to ensure that your employer complies with the legal requirements for submitting a report to the state's Workers' Compensation Board (WCB) and the company's workers' comp insurance company.
Injured workers in New York State are required by law to file a Form C-3 (Employee's Claim for Compensation) with the Workers' Compensation Board (WCB) within two years of the date of the accident. The deadlines for filing this form are enforced strictly, and even minor errors or omissions on the form could have significant implications for your ability to receive the full compensation you are entitled to.
Elements of a Workers' Compensation Claim in NYC
When it comes to workers' comp in NYC, there are several important points to keep in mind. First and foremost, this claim applies regardless of who is at fault for the injury or illness at the worksite. This means that there is no need to prove fault or negligence on the part of the employer to claim compensation.
Stemming from this, workers' compensation will only cover actual medical costs and actual loss of wages, including temporary or permanent disability compensation. Non-economic damages such as pain and suffering, emotional distress, and loss of consortium are not covered under it.
But there are exceptions to this rule. In cases where a third party's negligence caused the worker's injuries on the job (such as a defective machine causing amputation) the worker can directly sue the third party (the machine manufacturer) for personal injury damages. In this scenario, the worker may be able to claim the largest possible non-economic damages for pain and suffering and emotional anguish.
It's also possible for a worker to claim both: workers' compensation from their employer and personal injury damages from a third party, depending on the specific circumstances of the case.
What is a Workers’ Comp ‘Independent’ Medical Examination?
Submitting to an independent medical examination (IME) is a mandatory step after filing a workers' compensation claim in New York. Furthermore, injured workers may face a dilemma during an IME since the employer selects the medical provider who conducts the examination. While the IME aims to provide an accurate diagnosis and treatment plan, insurance companies may manipulate the doctor's findings to avoid paying out compensation to the worker.
How Can I Appeal A New York Workers’ Comp Decision?
While most people hope that their workers' compensation claims are processed smoothly, sometimes the decision is not in their favor. When this happens, either the employee or the employer has the right to appeal the decision by submitting a written request to the Workers' Compensation Board within 30 days of the original decision.
When an appeal is filed, the Board assigns three members to review the case. They may agree with the original decision, modify it partially or entirely, or completely reject it. In some cases, the Board may send the case back for additional hearings if they feel that more information is needed to make a fair decision. A winning NYC workers' compensation attorney can ensure that your appeal is handled correctly and that your rights are protected.
Get the Most Accomplished and Trusted Workers' Comp Claims and Personal Injury Attorneys in New York on Your Side
Looking for a dedicated and unwavering legal ally who will aggressively fight for your rights in a workers' compensation or personal injury claim? Our attorneys at the Law Offices of Michael S. Lamonsoff, PLLC have over 100 years of combined experience and have been recognized by our peers in the legal community as top-rated personal injury attorneys. With a formidable reputation as "The Bull" in the courtroom, Michael and his team will fight tirelessly to ensure you receive the maximum compensation you deserve. Contact us today for a free case evaluation by calling at 212-962-1020 or reach us online.