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Seeking Legal Compensation for a Workplace Injury in New York

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Seeking Legal Compensation for a Workplace Injury in New York

According to the laws of New York state, workers' compensation law covers a specific range of injuries and illnesses that can occur in the workplace – or as a result of employment-related activities. Here’s a list so you can see which injuries or accidents are eligible for a workers compensation claim. However, it’s best to seek the guidance of experienced workplace injury lawyers in NYC for exact legal information. 

Traumatic Injuries

Traumatic injuries are injuries that occur suddenly as a result of a workplace accident or specific incident at work. 

Some examples are –

   - Fractures

   - Sprains and strains

   - Lacerations

   - Burns

   - Contusions

   - Crush injuries

Occupational Diseases

Occupational diseases can be categorized as conditions that develop over time due to exposure to harmful conditions or substances at work. Such as –

   - Asbestosis

   - Carpal tunnel syndrome

   - Respiratory illnesses caused by inhaling toxic substances

   - Skin diseases from exposure to irritants

   - Hearing loss due to constant exposure to loud noise

Repetitive Stress Injuries (RSIs)

This group of injuries result from repetitive motion or overuse of certain parts of the body due to work-related activity. A few examples are –

   - Tendinitis

   - Bursitis

   - Tennis elbow

   - Trigger finger

Proven Mental Health Conditions

In some compensation claim cases, work-related mental health issues may also be covered. These issues can result from traumatic events at work or long-term stress. However, it must be proven that the issues were a result of, or exacerbated by, your work or working conditions –

   - Post-traumatic stress disorder (PTSD)

   - Depression

   - Anxiety disorders

Any Aggravation of Pre-existing Health Conditions

If a pre-existing medical condition is worsened or aggravated by your employment activities or an incident at work, it can be covered under workers' compensation. Talk to your lawyer about how this is assessed. 

Occupational Hearing Loss

Prolonged exposure to loud noise at the workplace can lead to hearing loss if you are not provided with the necessary protective gear. This is a potentially compensable injury according to NY state law. 

Work-Related Fatalities

If there is loss of life as a result of a work-related injury or illness, the surviving dependents of the deceased may be eligible for death benefits under New York’s workers' compensation.

To successfully file your worker’s compensation claim, your injury or illness must be directly related to your employment. It is also essential to report the injury to the employer as soon as possible in the event of an injury. 

Filing a Workplace Injury Claim in New York 

When filing a claim for a workplace injury under New York law, there are a few specific steps to be followed.  You must present certain documentation to make sure that your claim is processed correctly and efficiently. Here are the key items you should present to the Worker’s Compensation Board when filing a workers' compensation claim in New York – 

Your Notice to Your Employer Regarding Your Injury

Immediate notification about your injury to your employer as soon as possible about the injury. You can give this notice orally or in writing. However, a written notice is preferred and will make your process quicker. Please not that you must provide a written notice to your employer within 30 days of the accident or onset of the injury. The notice should include details about how, when, and where the injury occurred.

Submit an Employee Claim Form (Form C-3)

Complete the Employee Claim (C-3) form to get started with your compensation claim process. This can be done online or by filling out a paper form. Detail your personal information, employer information, details about the injury, and how it happened on this form. Be as specific as possible regarding the circumstances of your injury. You can consult your lawyer on how you should fill this form effectively. 

Presenting Medical Evidence

Submit your medical report with the support of your treating doctor that details the nature and extent of your injury. In addition to this, detail the treatments provided, and the doctor’s conclusion on whether the injury is work-related. If your treatment is ongoing, provide additional medical documentation as needed – follow-up reports, test results, and records of other treatment.

Witness Statements (If Any)

If you had witnesses at the event of your accident or injury, you must collect statements from them that support your account of what happened. Your lawyer can help you get the necessary clearance to obtain these witness statements. 

Accident Reports

Obtain a copy of your accident report, if one was filed with your employer. Obtain a copy of this report as part of your documentation.

Detailed Wage Information

It’s important to collect information about your wages. These can be your recent pay stubs or other documentation that shows your earnings prior to your injury. This information is what will be used to calculate compensation benefits.

Provide Supporting Documentation to Help Your Claim

Any additional supporting documentation that can help substantiate your claim should be provided when filing your claim. Get the support of your attorney to find out what these are for your case. They maybe photographs of your injury or the accident scene, correspondence with your employer about the injury, or any other relevant evidence.

Submitting Your Claim

Make sure you submit the completed Form C-3 and all supporting documentation to the New York State Workers' Compensation Board (WCB) promptly. You can get this done online, by mail, or in person at a WCB office.

Follow-up and Cooperate with Future Requests of Documentation

Cooperate with any future requests from the WCB or your employer’s insurance carrier for additional information about your injury. There may also be requests for additional medical examinations. You must also attend all scheduled hearings and provide any additional information as required.

Always seek the expertise and guidance of a skilled workplace injury lawyer in NYC if you or someone you know needs to file a worker’s compensation claim. This will make sure that you will get the best outcome from the process.

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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