What To Do If You're Injured At Work
Suffering an injury while on the job can be a challenging and overwhelming experience. In New York, there are specific legal steps to follow if you're injured at work to protect your rights and seek appropriate compensation. This short guide outlines the important actions you should take if you find yourself injured in a workplace accident in New York.
Report the Injury to Your Employer
The first step after being injured at work is to report the incident to your employer as soon as possible. Notify your supervisor or employer in writing, providing a detailed account of the accident, the date and time it occurred, and any witnesses present. New York workers' compensation law requires that you report the accident or injury to your employer within 30 days from the date of the incident or from when you knew or should have known that your injury is work-related.
Seek Medical Attention
Even if you feel your workplace injury is minor, it is still important to seek immediate medical attention. Inform the healthcare provider that your injury is work-related. They will evaluate your condition, document your injuries, and provide necessary treatment. Make sure to follow all medical advice and attend any follow-up appointments to ensure your health and recovery.
Document Evidence
To support your workers' compensation claim, be prepared to gather and document relevant evidence related to your injury and the accident:
- Take photographs: If possible, take photographs of the accident scene, any hazardous conditions, or equipment involved. Photograph your injuries to visually document their severity and progression.
- Collect witness statements: If there were witnesses to the accident, obtain their names, and contact information. Their statements can corroborate your version of events.
- Preserve relevant documents: Keep copies of medical records, doctor's notes, bills, prescriptions, and any other paperwork related to your injury and treatment. These documents serve as evidence of your medical condition and expenses.
File a Workers' Compensation Claim
In New York, workers' compensation provides benefits to employees injured on the job. To initiate a workers' compensation claim:
- Complete the necessary forms: File a C-3 Employee Claim Form with the New York Workers' Compensation Board. This form officially notifies the Board of your injury and initiates the claims process.
- Submit the claim to your employer: Provide a copy of the C-3 form to your employer and keep a record of the submission.
- Retain legal representation: While it is not mandatory to hire an attorney, it is best to consult with an experienced workers' compensation lawyer in New York. They will guide you through the claims process, protect your rights, and ensure you receive the full benefits you are entitled to.
Cooperate with Insurance Companies and the Workers' Compensation Board
After filing a workers' compensation claim, you will be required to cooperate with insurance adjusters and the Workers' Compensation Board:
- Provide accurate and consistent information: Cooperate with insurance adjusters and provide truthful and accurate details about your injury, medical treatment, and employment history.
- Attend medical examinations: Insurance companies may request an independent medical examination (IME). Attend these appointments, but also consult with your attorney to understand your rights and ensure the process is fair.
- Comply with Workers' Compensation Board requirements: Adhere to any requests or hearings scheduled by the Workers' Compensation Board. Failure to comply can negatively impact your claim.
Retaliation Protection
New York law prohibits employers from retaliating against employees for filing a workers' compensation claim. If you experience any form of retaliation, such as termination or demotion, document the incidents and talk to your NYC workplace injury attorney to protect your rights.
Consider Third-Party Liability
In some cases, a workplace injury may be caused by the negligence of a third party (someone other than your employer or co-worker). If this is the case, you may have the right to pursue a personal injury lawsuit against the responsible party. An experienced New York workplace injury attorney will evaluate the viability of a third-party claim and help you initiate a lawsuit.
Steps Your Attorney will Take to Pursue Third Party Liability
Gathering Evidence
Building a strong third-party claim for your workplace injury requires thorough gathering and presentation of evidence. An experienced personal injury attorney knows what types of evidence is essential to support your claim, such as medical records, accident reports, physical and forensic evidence, photographs, surveillance camera footage, eyewitness statements, and expert opinions. They have the resources and knowledge to gather and organize this evidence effectively, ensuring a persuasive case that bolsters your claim for third party negligence.
Negotiating with Insurance Companies
Dealing with insurance companies can be challenging, as they have teams of adjusters and attorneys whose goal is to minimize payouts. Having an experienced workplace injury attorney by your side ensures that you have a skilled negotiator representing your interests. An attorney can navigate the complexities of insurance negotiations, counter any attempts to undervalue your claim, and work towards securing the largest possible settlement from all the liable parties.
Taking Your Case to Trial
If your third-party claim for injury compensation is not resolved satisfactorily through a settlement with the insurance companies, your attorney will be prepared to take the case to trial. They will understand the legal procedures and will invest all possible resources to take on large insurance companies and powerful defendants in court to maximize your compensation through a favorable jury verdict.
Get a Proven and Trusted New York Work Injury Lawyer on Your Side
If you're injured at work in New York, taking prompt and appropriate legal actions is essential. At the Law Offices of Michael S. Lamonsoff, our legal team is determined to protect your right to maximum compensation. We are led by New York City’s pre-eminent attorney Michael S. Lamonsoff, whose relentless pursuit of justice has earned him the nickname "The Bull." He won't back down until he has secured the best possible outcome for you. To set up your free consultation with our lawyers, call us today at 212-962-1020 or contact us online.