Workers Compensation

Workers Compensation

Injury at work

When you have been injured on the job, you need to speak to a worker’s compensation attorney. Speaking to an attorney about your injury and the events surrounding it will ensure that your rights as a victim are protected.

Your injury will change your life. There will be lost income and medical bills, doctor visits and therapies, and there will be many different expenses to be responsible for. This injury was not your fault. You should not have to suffer from these expenses, nor should you be caused any hardships. By contacting an attorney about your injury, you protect yourself from unfair treatment by the insurer and the employer.

A Look at Worker’s Compensation Insurance

Worker’s compensation insurance, or Worker’s Comp, is a type of no-fault insurance required by the State of New York to protect workers who are injured and their employers. New York requires that all businesses carry worker’s comp insurance even if it is a family owned business with only relatives as employees. The only exception to this rule is if a business is a sole proprietor and the sole proprietor is the only person who is employed by the company.

Worker’s comp coverage begins the moment that an employee starts work. There are no waiting periods for coverage and all employees are covered regardless of their classification as part-time or full-time workers. Under New York law, illegal immigrants are also protected under worker’s compensation even if they are receiving their pay illegally. However, illegal immigrants are not entitled to vocational rehabilitation programs through the insurance program.

What to Do If You Are Injured On the Job

Workers compensation injuryIf you have been injured on the job, there are specific steps that you must take to ensure that you remain eligible for worker’s compensation insurance protection. These steps include;

  • Report the injury immediately. Any type of injury should be reported immediately and the proper paperwork should be filled out by you and the supervisor so that the aim process can begin.
  • Get medical care. Regardless of the type of injury, make sure that you are examined by a medical professional. This ensures that your condition and injury are documented and any proper medical is provided. Do not delay in treatment. Document everything that you remember about the event. In the future, this information will be very relevant to your case. Write down everything you remember from witnesses to the event, the cause of the accident, the time and weather if relevant, and any information about your injury when it occurred and prior to medical treatment.
  • Follow medical directions. It is very important for you to follow all medical care directions and make all medical appointments. Worker’s compensation adjustors will assume that you are no longer in need of medical are or that you do not want to make a full recovery from your injury if you do not follow medical care instructions.
  • Light duty options. If your employer can provide you with light duty options for your job, you must make an effort to return to work. If you return and it is too physically demanding for your condition, speak with your attorney so they can immediately notify the worker’s comp adjustor. Failure to comply with light duty work if offered, however, can result in a termination of benefits. It is always in your best interest to at least try light duty.
  • How Are Worker’s Compensation Payments Calculated? New York law regarding worker’s compensation that worker’s compensation will pay 66 1/3 percent of your average monthly wage. These benefits are automatic when you are injured and your injury will keep you out of work for an extended period of time. There are no state minimums for wage reimbursement. For more information on calculations and payouts click here.

Speak to a Worker’s Compensation Attorney

It is very important that you speak to a worker’s comp attorney as soon as possible after your injury occurs. All-too-often, worker’s comp adjustors are looking at their bottom line and not the health of the injured party. They have been known to deny treatments and force people back to work before they have made a full recovery. Hiring an attorney will protect your rights and ensure that you have a chance to recover from your injuries.

New York Lawyers Team works with a wide network of the best attorneys in New York in order to secure the best settlements for their clients. You can feel confident that your case is in good hands when you contact our offices.

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