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How to Make a Strong Case for Your Worker’s Compensation Claim in New York

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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.

What Your Lawyer Does to Build a Strong Case for Your Worker’s Compensation Claim

According to the laws of New York, a lawyer handling a workers' compensation claim will take several steps to ensure you receive an optimal outcome. This is why it’s important that you seek the services of an experienced attorney from the start. They can provide you with –

Necessary Initial Consultation and Case Evaluation –

Your attorney will begin building a base for your claim by reviewing all details of your injury or illness. He or she will then assess the viability of your claim and explain your rights and options under New York workers' compensation law.

Help Filing the Claim –

It’s important to make sure that your workers' compensation claim is filed accurately and promptly with the New York Workers' Compensation Board. Your attorney can assure that you submit all necessary documentation, including medical reports, accident reports, and any witness statements.

Comprehensive Support with Medical Documentation –

Your lawyer will help you gather and organize medical records and reports that document the extent of your injury or illness. They will also make sure your medical evaluations are thorough and properly reflect the impact of your injury on your ability to work.

Communication with Insurance Companies –

Handling all communications with your employer’s workers' compensation insurance carrier must be done methodically to avoid any potential missteps or misunderstandings. Your attorney can nsegotiate with the insurance company to secure fair compensation for your injury or illness.

Representation at Hearings –

You will need an experienced lawyer to represent you at any workers' compensation hearings before the New York Workers' Compensation Board. They can prepare you for testimony and ensure that all relevant evidence and arguments are presented effectively.

Support During an Appeals Process (If it gets there) –

If your claim is denied or if you receive an unfavorable decision, your lawyer will handle the appeals process. They can help file the necessary appeals paperwork and represent you at appellate hearings or proceedings.

Aid Through Settlement Negotiations –

Your lawyer can negotiate a fair settlement if you decide to settle your case rather than proceed to a hearing. They can make sure your compensation is fair and that any settlement accounts for all your medical expenses, lost wages, and potential future medical needs.

Coordination with Your Healthcare Providers –

Your lawyer can coordinate with your healthcare providers to make certain that they understand all documentation requirements for workers' compensation claims. If you require them for your case, they can facilitate the scheduling of independent medical examinations (IMEs) if required.

Staying Ready to Address Employer Retaliation (If it comes up)

It’s important to protect your rights if your employer retaliates against you for filing a workers' compensation claim. Your attorney will advise you to pursue additional claims if necessary, such as wrongful termination or discrimination claims.

Negotiations for Vocational Rehabilitation and Future Benefits

Depending on the severity of your injury, you may or not be able to carry out your duties as you did previously. Your attorney will be present to assist you in obtaining vocational rehabilitation benefits if you are unable to return to your previous job. This will help make sure you receive any additional benefits you are entitled to, such as permanent disability benefits if your injury results in long-term impairment.

By taking these steps in a comprehensive manner, your worker’s compensation attorney will work to maximize your workers' compensation benefits as much as possible, so you can receive fair treatment throughout the process.

Connect with a trusted accident lawyer in New York today by calling (212) 497-2421, or schedule an in-person consultation with an attorney here.

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