Got Hurt At Work What Are My Rights – Avoid New York Workers’ Compensation Mistakes and Mistakes If you’ve been injured at work, you need to know your rights.
In essence, the New York workers’ compensation system is simple. If you are injured on the job, you will be covered by workers’ compensation. However, the details of the process – what you have to do, what benefits you are entitled to, and how you are entitled to care – can be very difficult and confusing. There is a lot of misinformation out there, and unfortunately too many injured workers are missing out on the benefits they deserve because of these mistakes and misunderstandings.
Got Hurt At Work What Are My Rights
We’ve guided thousands of New York workers through the workers’ compensation process and encountered many mistakes along the way. Here are some of the most popular ones.
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Workers’ compensation is a “no fault” system. It doesn’t matter who caused your accident. What is important is that you were at work when the accident happened. If you break your nose, it may not be your employer’s fault, but you may still be able to get compensation from workers’ compensation if it happened on the job.
There are a number of special circumstances in which workers’ compensation may be denied due to the fault of an injured worker.
Otherwise, you will receive workers’ compensation regardless of who is at fault for the accident. This is the “negotiation” at the heart of industrial accident insurance. You cannot sue your employer for compensation such as pain and suffering for an accident at work caused by your employer, but
Workers’ Compensation covers all injuries that occur while on the employer’s premises, as well as the course and scope of work. If you are injured while attending an outdoor meeting, working on a client’s property, or working for an employer, you may be entitled to injury compensation. You should also not actively participate in work-related activities. Slipping and falling on the sidewalk on the way to the bathroom during work hours is also a compensable injury.
Your Work, Your Life
Travel to and from work is generally not covered by workers’ compensation, but there are exceptions. Injuries that occur on the employer’s premises while traveling to or from work (eg an accident in the company parking lot) may be covered. Also, if your employer gives you specific instructions about traveling to and from work, and you are injured because of those instructions, you must compensate for your injuries through workers’ compensation. For example, if your employer orders you to park in a designated area outside the parking lot and you walk from the parking lot to the office and you are injured, you may be covered.
Workers’ Compensation also may not cover injuries at voluntary recreational events held outside of work hours, such as company holiday parties. However, the event must
To apply for an exception to this. If your employer explicitly or implicitly requested your attendance, or if the company can show that it benefited in some way from your attendance (for example, if you made a transaction with an event), your damages will not be covered. to be compensated through Workers’ Compensation.
This is true to some extent in some states, but that’s not how workers’ compensation works in New York. If you are injured on the job, you will generally see all health care providers approved by the New York Workers’ Compensation Board to treat injured workers. These doctors are trained and medically reviewed to treat occupational injuries. You can find an authorized health care provider by using the search function on the Commission’s website. If you are not satisfied with the care you receive from your current doctor, you are free to switch to another approved doctor at any time.
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There is one exception. If the Workers’ Compensation Insurance Company has a Preferred Payer Organization (PPO), you must see a PPO doctor within the first 30 days of your work injury for non-emergency treatment. However, after 30 days, you are generally free to switch to another board-approved doctor, whether or not you belong to a PPO.
Even if you don’t miss a day of work, there are several other benefits to filing a workers’ compensation claim.
First, workers’ compensation pays the full cost of all treatment for work injuries. This means there are no out-of-pocket costs for doctor visits, surgeries, medications, medical equipment, physical therapy, and other necessary care. If you have regular health insurance, you likely have coinsurance, deductibles, and other out-of-pocket costs.
Second, the New York Workers’ Compensation Law provides for Schedule Loss of Use (SLU) for permanent limb injury, vision loss, hearing loss, or injury to the face, neck, or head. SLU compensation provides compensation for several weeks based on the body part injured and the percentage of permanent damage.
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With the SLU award, you will receive 2/3 of your average weekly wage (based on gross earnings for the 52 weeks prior to the injury) for several weeks based on the percentage of body part and work loss. For example, if you lose 25% of the use of one leg due to a permanent leg injury, you may be eligible for 72 weeks of coverage for that injury, even if you work in an office job that is not affected by the leg injury. . If the average weekly salary is $900, you will receive $600 per week for a total of $43,200.
If you are seeking workers’ compensation for an injury at work, you should notify your employer as soon as possible. It doesn’t matter if you let your coworkers know. You must notify your supervisor or the employer’s contact person.
New York law allows injured workers to report work-related injuries within 30 days, reports can be made orally or in writing. However, we strongly advise you to report the injury in writing as soon as possible, as this will make it difficult for your employer or insurance company to file a claim later. If you wait days or even weeks to report your injury, you are still entitled to workers’ compensation, but your insurance company may claim that something else happened temporarily that caused or worsened your injury. This can make the workers’ compensation process difficult and ultimately affect the amount of compensation you receive.
If you are involved in a work accident that happens quickly, such as a slip and fall, the injury reporting period begins on the day the accident occurred. Failure to report the claim to the employer within 30 days may result in the claim being dismissed altogether.
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If you are injured at work, you should go to the doctor as soon as possible and report all the symptoms to the doctor. Don’t overdo it and don’t leave anything out. This is important for two reasons. First, your doctor needs all the information you can provide to effectively diagnose and treat your injury. Even small symptoms can indicate a serious problem that requires investigation, such as a CT scan or MRI.
Second, reporting all of your symptoms to your treating physician creates a record of your injury, making it difficult for workers’ compensation insurance companies to dispute you later. If you see your doctor as soon as possible after your injury, tell them everything you’re feeling and continue your follow-up treatment, you’ll have clear documentation to support your workers’ compensation claim.
So to speak, follow your doctor’s orders. Take your medicine as prescribed. Go to your follow-up appointment. Take it easy when you need to take a break and ask for reasonable accommodations at work if needed. Again, this is in the interest of your health and your legal rights.
The New York Workers’ Compensation process is complex and can be frustrating for those who are not used to navigating the complexities. Of course, insurance companies are adept at dealing with their day-to-day processes and protecting their own interests. This means that the injured worker should be paid the minimum wage possible. The only way to level that playing field is to have an attorney on your side who has extensive experience in the New York workers’ compensation system and knows how to get results for injured New York workers.
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We offer free case consultations and work on a first-come, first-served basis. This means you don’t pay us a dime until we get positive results for you. In other words, there are no downsides to being a personal injury attorney, and there are many potential benefits. If you have been injured on the job, we are happy to meet with you, answer your questions and explain your legal options.
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