Were You Injured at Work?
If you are involved in a workplace accident and you’re hurt, you may be entitled to compensation. In the case of a medical emergency, call 911. The first responders will complete a report. You can get the report number and pull a copy of the report a few days later. Workplace accidents can cause serious injuries and even death. You may be entitled to receive:
- Help with your medical expenses.
This includes, but is not limited to, visits to the doctor, urgent care, specialists, surgery, prescriptions, and physical therapy. - Part of your lost wages.
If you’re unable to work either temporarily or permanently, you may be entitled to receive a portion of your wages. - Temporary or permanent disability.
When workplace accidents cause disability either on a temporary or a permanent basis, workers may be entitled to receive disability payments.
Don’t Sign Anything After Your Workplace Accident
Even if you have a great relationship with your employer and you believe that they want to do the right thing for you, when their insurer has to pay out on a workplace accident, your employer’s insurance premium goes up. The insurer will likely do everything in their power to treat you unfairly.Do not sign anything after your workplace accident aside from a report that states what happened. Signing a settlement agreement with your employer can take away your legal right to appropriate financial compensation. You could lose your right to sue.
Common Workplace Accidents
Common workplace accidents in New York span various industries, each with unique hazards. Here are some of the most prevalent types:
- Slip and Fall Accidents
- Construction Site Accidents
- Machinery Accidents
- Vehicle-related accidents
- Exposure to Harmful Substances
- Repetitive Strain Injuries
- Fires and Explosions
- Workplace Violence
Filing for Workers Compensation
How Denlea & Carton Can Help
Filing for workers’ compensation can be a complex and challenging process, but having an attorney can significantly help you navigate through it. Here’s how an attorney can assist you:
Legal Guidance and Advice
We provide legal guidance on your rights and responsibilities. We can explain the nuances of the law and ensure you understand each step of the process.
Proper Documentation and Timely Filing
One of the most critical aspects of a workers’ compensation claim is proper documentation. We can help you gather necessary evidence such as medical records, accident reports, and witness statements. We also ensure that all forms are accurately completed and submitted within required deadlines to avoid claim denials due to technicalities.
Maximizing Your Benefits
We will ensure you receive the maximum benefits you are entitled to. We understand the various types of compensation available, such as medical benefits, temporary disability benefits, permanent disability benefits, and vocational rehabilitation. We can help negotiate a fair settlement with the insurance company.
Handling Disputes and Appeals
If your claim is denied or disputed, we can represent you in appeals or hearings. We can prepare a compelling case, present evidence, and argue on your behalf to secure a favorable outcome. Our knowledge of the legal system and experience with similar cases can significantly increase your chances of success.
Dealing with Insurance Companies
Insurance companies often have their own legal teams and may try to minimize the compensation they pay out. We can level the playing field by handling all communications with the insurance company, protecting your interests, and preventing any attempts to undermine your claim.
Providing Peace of Mind
Navigating a workers’ compensation claim can be stressful, especially when dealing with an injury. We take on the legal burden, allowing you to focus on your recovery while we handle the complexities of the claim process.
Our assistance can be invaluable, ensuring that you receive the compensation you deserve without the added stress of managing the claim on your own.
Victim of a Workplace Accident? Call Us Right Away
If you were hurt in a workplace accident, call us right away. We will help make sure that you’re treated fairly by the insurer. If you have questions about workplace accidents or if you’re ready to schedule your initial consultation, contact Denlea & Carton today.
Frequently Asked Questions
What should I do immediately after a workplace accident?
After a workplace accident in New York, you should immediately report the incident to your employer, seek medical attention, document the accident details, and file a workers’ compensation claim. These steps are essential to ensure your rights are protected and you receive the necessary benefits.
Am I eligible for workers’ compensation benefits in New York if the accident was my fault?
Yes, you are generally eligible for workers’ compensation benefits in New York even if the accident was your fault. Workers’ compensation is a no-fault system designed to provide benefits to injured employees regardless of fault.
What types of injuries are covered under New York workers’ compensation?
New York workers’ compensation covers a wide range of injuries, including physical injuries like fractures and burns, repetitive stress injuries, and occupational diseases such as respiratory illnesses and toxic exposure. Mental health conditions caused by workplace stress or trauma may also be covered.
How long do I have to file a workers’ compensation claim after a workplace accident in New York?
In New York, you must file a workers’ compensation claim within two years of the date of the injury or from when you became aware of the injury or illness. Additionally, you should report the injury to your employer within 30 days to avoid complications with your claim.
Can I sue my employer for a workplace accident in New York?
Generally, you cannot sue your employer for a workplace accident in New York due to the exclusive remedy provision of the workers’ compensation system. However, you may be able to sue a third party, such as a contractor or equipment manufacturer, if their negligence contributed to your injury.