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How to Make a Strong Case for Your Worker’s Compensation Claim in New York
According to New York’s state law, employees who suffer job-related injuries or illnesses have the right to claim workers' compensation, if the cause of injury meets the necessary criteria. While only an experienced workers’ compensation attorney in NYC can explain exactly which accidents are basis for a compensation claim, according to state law, here are a several scenarios that may call for filing a claim –
All Work-Related Injuries
Accidents at Work – Any injuries sustained from accidents while performing your job duties, such as slipping and falling or being injured by machinery, is considered an accident at work.
Occupational Diseases – Occupational diseases are illnesses that develop due to workplace conditions. Certain illnesses like lung disease from inhaling toxic substances or repetitive strain injuries from repetitive motions are categorized under occupational diseases.
Repetitive Stress Injuries from Overworking
Although we mention it as a separate cause, repetitive stress Injuries caused by repetitive motions over time can also come under occupational diseases. It must be mentioned that conditions such as carpal tunnel syndrome from typing or lifting injuries from repetitive lifting tasks are grouped in this set of occupational diseases.
Any Aggravation of Pre-Existing Medical Conditions
If a pre-existing medical condition is worsened or aggravated by workplace activities or conditions, this can be grounds for filing a compensation claim. However, your attorney will need to prove that your condition worsened as a result of the nature of your work, and not of natural causes.
Mental Health Conditions Caused by Working Conditions
If you began suffering from mental health issues caused by work-related stress or traumatic events experienced on the job, you have grounds to file a claim Eg. Post-traumatic stress disorder (PTSD) from a workplace robbery or witnessing a traumatic event.
Injuries Sustained During Work-Related Travel
Whether your work requires you to travel often or you experienced a mishap on a one-off work travel instance does not matter in this case. All injuries that occur while traveling for work-related purposes, excluding the regular commute to and from work, is classified as an injury sustained during work related travel.
Injuries Sustained During Breaks and Work-Related Activities
Injuries that occur during lunch breaks – if they occur on the employer’s premises – are also grounds for a compensation claim under NY law. Other situations such as work-sponsored events, company picnics or parties, or workshops are deemed to be in the course of employment. This automatically qualifies injuries caused during these events for a claim.
Illnesses Caused by Occupational Exposure
Illnesses resulting from exposure to hazardous materials, chemicals, or other dangerous substances at your workplace are a serious cause for filing a compensation claim. Such occurrences are a serious matter and should be documented meticulously by your lawyer.
Cumulative Work-Related Trauma
Conditions that develop over time due to prolonged exposure to risk factors at work, such as hearing loss from constant loud noise are a common cause for filing a claim. Once again, it’s necessary to prove the cause of your trauma to be work-related.
As you can see here, in order to qualify for workers' compensation benefits in New York, the injury or illness must meet certain criteria. One important point is that it should be reported promptly to the employer. It must also be proven to be arising out of and in the course of employment. Additionally, workers' compensation is generally considered a no-fault system. This means that worker’s compensation benefits can be awarded regardless of who was at fault for the injury or illness.
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