If you have suffered an injury while on the job at your place of work, understanding how to navigate the workers’ compensation system in New York is critical to recovering the compensation you deserve. 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?
If you’ve been injured on the job in Nanuet, Nyack, Suffern, or any other community in or around Rockland County, 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.
In New York, an injured worker must generally inform their employer of the injury within 30 days and file a workers’ compensation claim within two years to remain eligible to recover benefits. Failure to notify your employer within the 30-day timeframe means you ultimately lose the right to seek compensation for your injuries.
Immediate Steps to Protect Your Health and Claim
- 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 Workers’ Compensation, and What Does It Cover?
Workers’ compensation is a form of insurance that is required for most New York employers. This ultimately provides compensation to a worker injured on the job, regardless of who is technically at fault for the accident.
In New York, workers’ compensation claims proceed through the New York State Workers’ Compensation Board, which oversees benefits, hiring, and dispute resolution.
What Does Workers’ Compensation Benefits Include?
- Payment for necessary medical expenses incurred as a result of the injury
- Partial wage replacement in the event you are unable to work
- Compensation for both temporary and permanent disability
- Compensation for the cost of rehabilitation or physical therapy, if necessary
- Death benefits for dependents in the event a worker is involved in a fatal accident while on the job
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.
What Rights Do I Have After a Rockland County Workplace Injury?
Following a workplace injury, employees in New York have specific legal rights that can help ensure they receive fair treatment and access to compensation for their injuries.
Your Legal Rights as an Injured Worker
- The right to file a workers’ compensation claim
- The right to obtain medical treatment through an approved provider
- The right to attend a workers’ comp hearing
- The right to file an appeal if your claim is denied
- The right to receive the full benefits you are eligible for
- The right to return to work if you are physically and medically able
- The right to receive disability benefits if you are unable to return to work
Protections Against Employer Retaliation
- Employers cannot fire you for filing a workers’ compensation claim
- Employers cannot require you to use your own personal health insurance
- Employers cannot interfere with the medical care you receive
- Employers cannot intimidate, discourage, or prevent you from filing a claim
How Long Do 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.
Why Acting Quickly Matters
- Evidence may get lost or degrade over time
- Witness memories and accounts may fade
- Delays in reporting can impact your ability to recover compensation
- Early legal guidance can help preserve your claim, improving your chances of receiving the maximum compensation you deserve
Contact an Experienced Rockland County Personal Injury Attorney Today
Suffering an injury while on the clock can be incredibly overwhelming, and recovering the compensation you deserve may not be as simple as filing a workers’ compensation claim and receiving a check in the mail. As such, it is in your best interest to work with the team at Mitchell J. Schroeder, P.C. If you need legal representation, do not hesitate to contact our firm today so we can get started working on your case.
