In New York, as well as around the country, companies are required by law
to provide their employees who suffer injuries on the job with
worker’s compensation insurance benefits. Workers’ compensation operates on a no-fault
system and will generally cover damages from any injuries which occurred
as a direct result of employment. While this system may seem straightforward,
there are often numerous factors which can complicate the process and
our blog answers some of the most common questions our clients frequently ask.
What should I do if I have been injured at work?
After being injured at work, the first steps you should take are to seek
medical treatment and to notify your employer, manager, or supervisor
about the incident. After you seek needed medical treatment, you should
file a claim for benefits. Workers’ compensation insurance claims
have strict regulations and missing any of these steps can disqualify
you from coverage. It is not recommended to wait as there are also time
limits in place for how long an employee has to file a claim for coverage.
How long do I have to file a workers' compensation claim?
In New York, workers typically have two years in which to file a claim.
The time frame begins on the date you first discovered an injury. Missing
this deadline can result in the forfeiture of your right to claim restitution.
Many injuries, such as carpal tunnel syndrome, do not have a clear date
on which they began or a time where it was clear an injury had developed.
The statute of limitations for these claims may use dates such as medical
appointments as evidence towards the discovery of an injury.
What does no-fault insurance entail?
Workers’ compensation is designed as a no-fault system which means that
workplace injuries are generally covered regardless of who was responsible. However, there
are restrictions in place and workers may not purposely injure themselves
in order to collect benefits. Similarly, there are other situations, such
as being intoxicated while on the job, which may disqualify an employee
from receiving benefits. In return for receiving workers’ compensation
insurance, employees agree not to sue employers for injuries.
What type of injuries are covered under workers' compensation?
People often incorrectly assume that only sudden and traumatic injuries
are covered, such as a slip and fall accident. However, coverage extends
to most injuries in the workplace such as repeated action injuries, including
carpal tunnel syndrome. Another example of a common injury is a lower
back pain due to incorrect posture while sitting. Injuries which develop
over time can be harder to prove in court and an experienced attorney
can ensure you are treated fairly.
Do I need an attorney for a workers' compensation claim?
While you are not required to hire an attorney to represent you throughout
the claims process, it often makes sense to do so. Most people will rarely
deal with workers compensation claims and insurance companies will have
a legal team to protect their interests. An attorney can advocate on your
behalf to ensure that you are treated fairly and see that you get every
penny that you deserve.
NYC Attorneys Helping Injured Workers
If you have been injured while at work and you are not getting the claim
that you deserve, Lurie, Ilchert, MacDonnell & Ryan LLP can help.
Our New York City worker’s compensation attorneys have more than
a century of collective legal experience and have won millions in settlements
for our past clients. Our firm is available 24 hours a day and if you
need legal help, we are only a phone call away.
Call (646) 461-4009 and
schedule a free consultation to learn about how we can help with your claim.