If you’ve been injured on the job, it can be an overwhelming experience. You may be wondering about your rights, potential compensation, or the steps you need to follow to ensure your interests are protected. Rest assured, you’re not alone, and there are specific paths designed for such scenarios, especially in the state of New York. Please continue reading and reach out to our competent Rockland County workers’ compensation lawyers to learn more. Here are some of the questions you may have:
What steps should I take if I’m injured while on the job?
- Seek Medical Attention: Your health and safety come first. If the injury is severe, get medical help immediately. Even if it seems minor, it’s crucial to see a doctor as some injuries may not show immediate symptoms.
- Report the Injury: Inform your supervisor or employer about the injury as soon as possible. In New York, this notification should be given within 30 days of the injury.
- Document Everything: Make notes about how the injury occurred, take photos if possible, and gather witness information. This documentation can be invaluable later on.
What is the difference between workers’ compensation and third-party claims?
If you’re seeking compensation after a workplace injury, you may have heard the terms “workers’ compensation” and “third-party” claims. Though these are both related to workplace injuries, they are significantly different. Here’s a brief outline of both types of claims:
- Workers’ Compensation: In New York, almost all employers are required to carry workers’ compensation insurance. This provides benefits to employees who are injured on the job, irrespective of who was at fault. Benefits can cover medical bills, a portion of lost wages, and rehabilitation costs. It’s important to note that if you accept workers’ compensation, you typically cannot sue your employer for the injury.
- Third-Party Claims: While workers’ compensation limits your right to sue your employer, it doesn’t bar you from filing a lawsuit against a third party responsible for your injury. For instance, if you were injured by a defective piece of machinery, you might have a claim against the manufacturer. Third-party claims can result in compensation for pain and suffering, something not covered by workers’ compensation.
How long will I have to file both of these claims?
In New York State, the statute of limitations for most workers’ compensation claims is two years from the date of an accident. That said, if you’re looking to file a lawsuit against a third party, you may have up to three years to file your claim, however, you should never wait this long. The sooner you file your claim, the better. Contact Mitchell J. Schroeder, P.C. today so we can get started working on your case.