Workers’ Compensation Lawyer

Handling a Workers’ Compensation Claim in New York with Attorney Support

Jul

2024

#worker'scompensation

When Can Workers Seek a Compensation Claim Under New York Law?

Under New York state law, workers or employees can make a worker's compensation claim as a result of several scenarios where they suffer a work-related injury or illness. These scenarios can include (but are not limited to) the following –

Accidental Injuries While Carrying Out Duties

Any injuries resulting from accidents that occur during your course of employment can be grounds for a compensation claim – such accidents could include slips, trips, and falls. Injuries caused by machinery, tools, or equipment used in the workplace can also be considered. The accident could be caused by a malfunction, lack of provision of safety gear, or any other reason.

Occupational Diseases (Illnesses Caused by Nature of Work or Workplace Conditions)

Illnesses caused by exposure to harmful substances or environments in the workplace can be considered. Asbestos exposure leading to mesothelioma or prolonged exposure to loud noise causing hearing loss are a few examples. Diseases resulting from repetitive tasks or motions, such as carpal tunnel syndrome, also qualify.

Injuries Caused by Repetitive Stress

As we mentioned earlier, injuries resulting from repetitive tasks or motions, such as carpal tunnel syndrome or tendonitis, can result in a compensation claim. Musculoskeletal disorders caused by repeated strain or exertion also fall into this category.

Mental Health Conditions

Psychological conditions caused by work-related stress, harassment, or traumatic events experienced on the job could become the basis for a compensation claim. Naturally, conditions like post-traumatic stress disorder (PTSD) resulting from work incidents are also included.

Aggravation of Pre-existing Conditions from Work Conditions

This refers to the worsening of pre-existing conditions due to work activities or environments, as well as injuries that are exacerbated by current job duties.

Occupational Hearing Loss

Hearing loss resulting from prolonged exposure to high levels of noise in the workplace is a popular cause for filing a compensation claim.

Work-Related Fatalities

The most serious cause for claims can be made by the dependents of a worker who dies as a result of a work-related injury or illness. The compensation claim will include death benefits for surviving family members.

Any Cumulative Trauma

These include injuries or conditions that develop over time due to continuous exposure to harmful activities or environments in the workplace. These are conditions that result from the cumulative effect of repetitive stress or exposure.

Injuries Sustained During Work-Related Travel

If your job required you to travel, injuries occurring while traveling for work maybe grounds for a compensation claim. These could include anything from business trips and transportation between job sites. Workers most vulnerable to these types of injuries are truck drivers, delivery personnel, and more like them.

Workplace Violence

Injuries resulting from acts of violence in the workplace, such as assaults by coworkers or customers are a serious concern that result with the victim filing a compensation claim.

Injuries Sustained During Employer-Sponsored Activities

In rare cases, injuries that occur during employer-sponsored events, such as company picnics, retreats, or other off-site activities can become grounds for claim. That is if attendance is mandatory or if the event is related to work.

The scenarios mentioned above cover a broad range of situations where workers can seek compensation for injuries or illnesses that are directly related to their employment. Any claim must be supported with appropriate documentation and medical evidence, so you can establish the work-related nature of the condition.

What Should You Know Before Filing Worker’s Compensation Claim?

Before filing a worker's compensation claim in New York, workers should be aware of several important aspects of the process. This way they can be more assured that their claim is handled correctly and efficiently.

Eligibility of the Cause of Your Injury or Illness

Your injury or illness must be work-related. Talk to your lawyer about how you can establish this fact. You must be an employee of the workplace in question (not an independent contractor or volunteer, unless specifically covered).

Report the Injury or Illness Immediately

Notify your employer immediately of your injury or illness. This must be done within 30 days of the incident or diagnosis. Failing to report within this timeframe may end up complicating your claim process. Your report must provide detailed information about how, when, and where the injury or illness occurred. Provide evidence if you have any. However, discuss how best to present this evidence with your lawyer beforehand.

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Get Immediate Medical Attention

Seek medical treatment as soon as the injury occurs, or illness is diagnosed.

Inform your medical provider that the injury or illness is work-related, with proof.

Save all medical records from start to end, and follow the prescribed treatment plan.

Documentation is Key to Filing a Strong Claim

Make sure to collect and keep copies of all documents related to your injury or illness. These documents include accident reports, medical records, and communication with the employer and insurance company. In addition, maintain a record of any expenses related to your injury – such as medical bills and travel costs for treatment.‍

Filing Your Workers’ Compensation Claim

You must complete and submit the Form C-3 (Employee Claim) to the New York State Workers' Compensation Board. This form should be filed as soon as possible, ideally within two years of the injury or onset of illness.

Meanwhile, your employer is required to submit Form C-2 (Employer's Report of Work-Related Injury/Illness) to the Workers' Compensation Board and their insurance carrier within 10 days of the incident or report of diagnosis. Failing to do so may result in a penalty for your employer.‍

Choosing Your Medical Provider

When seeking medical attention, make sure you use a medical provider authorized by the Workers' Compensation Board. If your employer has a preferred provider organization (PPO) or network, you may also be required to use a provider from that network for the initial treatment.‍

Understanding Your Compensation Benefits

Your workers' compensation benefits may include medical care, wage replacement (for temporary or permanent disability), vocational rehabilitation, and death benefits. Any wage replacement benefits are typically a percentage of the worker's average weekly wage, subject to statutory limits.

Confirm Your Employer's Insurance (Or if they are not insured)

Always confirm that your employer has workers' compensation insurance. Most employers in New York are required to carry this insurance by law. If the employer is uninsured by any chance, you may still be able to file a claim with the Uninsured Employers Fund.

Obtain Legal Representation to Process Your Claim

Consider consulting with a workers' compensation attorney early on. This should ideally be from before filing your claim – especially if the claim is complex or disputed.

Usually, legal fees for workers' compensation cases in New York are typically handled on a contingency basis. This means that your lawyer is paid only if the worker receives benefits.

Appealing If Your Claim Was Denied

If your claim is denied, and you believe this was not a fair decision, you have the right to appeal the decision. To do this, you can file a request for a hearing with the Workers' Compensation Board. Here you must be prepared to present evidence and possibly testify.

Avoiding Retaliation from Your Employer

According to NY law, employers are prohibited from retaliating against employees for filing a workers' compensation claim. Any retaliation, such as termination or harassment, can be reported to the Workers' Compensation Board and may be subject to legal action.

Watch for the Timeliness of Filing Your Claim

It’s important to make sure you adhere to all deadlines and requirements throughout your claim process. Prompt action can help make sure that your benefits are not delayed and that the claim is processed smoothly.

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Paying attention to these areas can help you, as a worker, navigate the workers' compensation claim process more effectively – significantly increasing the likelihood of a successful outcome.

How Your Lawyer Can Get You an Optimal Outcome for Your Claim

A worker's compensation claim lawyer can positively influence the outcome of your worker's compensation claim based on the law of New York by providing expertise, guidance, and advocacy throughout the process.

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Expertly Evaluate and Strengthen Your Compensation Claim

Your lawyer can assess the strength of your claim based on the specifics of your injury or illness and the circumstances of your case. He or she can identify potential challenges or weaknesses in your case and develop strategies to address them.

Get Your Documentation and Filing in Order

Your lawyer can make sure all necessary forms (such as Form C-3 for the worker and Form C-2 for the employer) are correctly completed and filed on time. They can help gather and organize all required documentation, including medical records, accident reports, and witness statements.‍

Recording Medical Evidence and Treatment

A skilled attorney can guide you in obtaining comprehensive medical evaluations from authorized workers' compensation healthcare providers. They will also assess your medical records to make sure thy accurately reflect the extent of your injuries and their connection to your work.

Negotiating with Insurance Companies

Your lawyer can handle communications and negotiations with the employer’s workers' compensation insurance carrier to seek a fair settlement for you. Their knowledge of the law and experience with similar cases can help you push for maximum benefits.

Representing You in Hearings and Appeals

Your lawyer can represent you in hearings before the New York State Workers' Compensation Board if your claim is disputed or denied. Apart from that, your lawyer can also prepare and present evidence, question witnesses, and make legal arguments on your behalf. They will also file and handle appeals if necessary, ensuring that all procedural requirements and deadlines are met.

Help Get You an Accurate Calculation of Benefits

One important factor your lawyer can help with is accurately calculating the benefits you are entitled to, based on your case. This includes medical expenses, wage replacement, and any potential permanent disability benefits. They can also legally guarantee that you receive appropriate compensation for any long-term or permanent injuries.

Addressing Employer Retaliation (In case)

This is of special importance. Employer retaliation isn’t common, but nor totally unheard of. Your lawyer can protect your rights if you face retaliation from your employer for filing a workers' compensation claim. He or she can also help you take legal action if necessary to address any unlawful treatment, such as termination, demotion, or harassment.

Help Receive Vocational Rehabilitation and Return to Work

You might need to obtain vocational rehabilitation services if your injury prevents you from returning to your previous job. In such an event, your attorney can advocate for necessary accommodations or modified duties if you can return to work but need adjustments.

Settlement Agreements (If reached)

Sometimes, your employer may choose to settle before you file a claim. Your compensation claim attorney may advise you on the implications of accepting a settlement offer versus continuing with your claim. This way, you can review and negotiate settlement agreements better to make sure their terms and compensation are fair and in your best interest.

Help You Navigate Any Legal Changes

A workers’ compensation claims lawyer’s job is to stay updated on changes in New York workers' compensation laws and how they may affect your claim. From here, they can help you adapt strategies accordingly to take advantage of any new legal provisions or precedents.

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By making best use of the expertise and experience of your workers' compensation claim lawyer, you can navigate the complexities of New York’s legal system. They will be imperative in protecting your rights, and working toward securing the best possible outcome for your claim.

You can get in touch with a reputable accident lawyer in New York by calling (212) 497-2421. Or you may schedule an in-person meeting with an lawyer here.

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