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No matter the profession, there’s always a chance of getting hurt on the job. From a construction worker falling from scaffolding to an office worker developing carpal tunnel syndrome from repetitive typing, even seemingly safe jobs carry some inherent risk.
This is where workers’ compensation laws come in. These laws establish a system to ensure injured workers receive the financial support they need to recover without having to navigate a complex legal battle.
Workers’ compensation offers a win-win situation for both employees and employers. Injured workers are entitled to compensation for medical bills, lost wages, and sometimes even rehabilitation costs.
This financial support allows them to focus on healing without the added stress of financial hardship. For employers, workers’ compensation acts as a shield.
By providing this mandated insurance, businesses are protected from lawsuits arising from work-related injuries. In exchange for fulfilling their obligation to care for injured workers, employers gain peace of mind knowing they’re not exposed to potentially crippling legal action.
However, navigating the workers’ compensation system can be tricky. If you’ve been injured on the job in Nassau County, securing the full benefits you deserve might require the expertise of a qualified workers’ compensation lawyer from the CEO Lawyer Personal Injury Law Firm.
Our Nassau County personal injury lawyers specialize in helping injured workers understand their rights and ensure they receive the fair compensation they’re entitled to by law. Work with us when you call (516) 689-1132.
What Does a Nassau County Workers’ Compensation Accident Attorney Do?
A Nassau County Workers’ Compensation Accident Attorney helps injured workers in Nassau County, New York, file claims and receive benefits under the state’s workers’ compensation laws. Their duties include:
- Investigating the accident: A Nassau County workers’ compensation accident attorney will thoroughly investigate the details of your workplace accident to determine if it qualifies for workers’ compensation. This involves gathering information about the incident, such as the date, time, location, and the activities you were performing when the injury occurred. The attorney will also interview you to understand the events leading up to the accident and the nature of your injuries. Witness statements and any available security footage can be crucial in establishing how the accident happened and whether it was work-related.
- Gathering evidence to support the claim: Building a strong case requires comprehensive evidence to support your workers’ compensation claim. Your attorney will work diligently to collect relevant documentation, including medical records detailing the diagnosis, treatment plan, and any ongoing medical needs resulting from the injury. Witness accounts can be vital in corroborating your version of events and the extent of your injuries. The attorney may also gather reports from your employer regarding the accident and your job duties. This comprehensive evidence helps demonstrate the work-related nature of your injury and strengthens your claim for benefits.
- Negotiating with the insurance company for a fair settlement: Workers’ compensation insurance companies are obligated to provide benefits to eligible workers, but they may not always offer a settlement that reflects the full extent of your losses. A Nassau County workers’ compensation accident attorney can negotiate on your behalf to secure a fair settlement from the insurance company. This involves presenting a compelling case with all the gathered evidence to justify the compensation you deserve. Your attorney’s experience and negotiation skills are crucial in securing a settlement that covers your medical expenses, lost wages, and any potential future medical needs arising from your work injury.
- Representing the worker at hearings before the Workers’ Compensation Board: In some cases, the insurance company may deny your workers’ compensation claim, or the offered settlement might be insufficient. If this occurs, your attorney will represent you at hearings before the New York Workers’ Compensation Board. The attorney will present your case, ensuring all the evidence is introduced effectively, and advocate for your right to receive the full benefits you are entitled to under New York State law. Their experience with the legal process and the workers’ compensation system is essential in navigating hearings and securing a favorable outcome for your claim.
- Ensuring that workers receive benefits: A Nassau County Workers’ Compensation Accident Attorney is committed to ensuring you receive all the workers’ compensation benefits you deserve after a work-related injury. This includes medical care to address your injuries, compensation for lost wages while you are unable to work, and potential disability benefits if your injury results in a permanent impairment that affects your earning capacity. Your attorney will guide you through the entire process, handle communication with the insurance company and the Workers’ Compensation Board, and ensure you receive the maximum benefits allowed under the law.
If you have been injured on the job, contacting a Nassau County personal injury attorney is a good first step to ensure you receive the benefits you deserve.
What Is Workers’ Compensation?
Workers’ compensation, often shortened to workers’ comp, is a kind of insurance that provides financial aid to employees who are injured or become ill because of their jobs. It’s essentially a disability insurance program funded by employers to help workers who suffer injuries or illnesses that are a direct result of their work duties.
Workers’ compensation is mandatory in most states, with the exception of Texas. Employers are required to carry this insurance to cover their employees, and employees typically don’t contribute to the cost of the insurance.
If a worker gets hurt or sick because of their job, they can file a claim to receive workers’ compensation benefits. These benefits can include:
- Medical care: Workers’ comp typically covers medical expenses related to the work-related injury or illness.
- Wage replacement: Workers’ comp may also provide partial replacement of lost wages if the employee is unable to work due to an injury or illness.
- Death benefits: In tragic cases where a worker dies from a work-related injury or illness, workers’ compensation may provide financial support to their dependents.
It’s important to note that in exchange for receiving workers’ compensation benefits, employees generally give up their right to sue their employer for negligence related to workplace injury or illness.
Damage Covered by Workers’ Compensation
While workers’ compensation is often associated with sudden workplace accidents like falls or equipment malfunctions, it also covers injuries that develop over time. These are known as cumulative trauma disorders (CTDs) and occupational diseases.
Cumulative Trauma and Occupational Diseases
Many jobs involve repetitive motions or awkward postures that can strain the body over time. This strain can lead to CTDs such as carpal tunnel syndrome, back pain, and tendonitis.
Workers’ compensation recognizes that these conditions can be work-related, even if the symptoms don’t appear immediately. Similarly, occupational diseases like lung cancer from asbestos exposure or hearing loss from loud machinery are also covered under workers’ compensation as long as a clear connection can be established between the work environment and the illness.
What Isn’t Covered by Workers’ Compensation?
It’s important to understand that workers’ compensation isn’t a catch-all for any injury an employee experiences. There are some exclusions:
- Self-inflicted injuries: Workers’ compensation is designed to protect employees from work-related accidents and illnesses. Injuries you inflict upon yourself, regardless of reason, fall outside this scope. This includes intentional acts of self-harm as well as injuries sustained through recklessness or horseplay that could be considered self-inflicted.
- Injuries from fights: Unless a fight erupts directly due to work duties or a hostile work environment your employer failed to address, injuries sustained in altercations are not typically covered by workers’ compensation. This applies to both instigated fights and self-defense situations.
- Criminal activity: Workers’ compensation is meant to compensate for injuries arising from legitimate work activities. If you’re injured while committing a crime or during any activity that violates the law, your injuries wouldn’t be considered work-related and wouldn’t be covered.
These are just some general examples, and the specifics of what is and isn’t covered can vary by state. If you’re unsure whether your injury qualifies for workers’ compensation, it’s always best to consult with your employer or a workers’ compensation attorney from the CEO Lawyer.
New York Workers’ Compensation Benefits
If you’re a New York worker who’s been injured on the job or developed a work-related illness, you may be eligible for benefits under the state’s workers’ compensation program. These benefits can help you financially while you recover and get back on your feet.
There are three main types of benefits available under New York workers’ compensation:
Wage Replacement
New York’s workers’ compensation program helps replace a portion of your lost wages. Benefits are calculated based on two-thirds of your average weekly earnings for the 52 weeks before your accident, with a maximum and minimum set by the state.
There’s a seven-day waiting period, but if your disability lasts more than two weeks, benefits are paid retroactively to the first day of lost wages. This benefit helps ensure financial stability while you recover from your work-related injury or illness.
Medical Treatment
New York law mandates that your employer’s insurance carrier covers all necessary medical expenses directly related to your work injury or illness. This includes doctor visits, surgeries, physical therapy, medication, and any other treatment deemed essential for your recovery.
Importantly, you must seek treatment from authorized healthcare providers within the Workers’ Compensation Board network to ensure coverage.
Vocational Rehabilitation
If your work injury prevents you from returning to your previous job, vocational rehabilitation services can help you get back on your feet. This program may provide retraining for a new career path that aligns with your current abilities and limitations.
It can also cover job search assistance and other resources to help you re-enter the workforce in a suitable position.
How Long Do I Have to File a Workers’ Compensation Claim?
Following a work-related injury or illness, New York State law mandates specific time frames for filing claims to ensure eligibility for benefits.
- Employer Notification (WKC § 18): You are required to notify your employer about your work injury or illness within 30 days. This notification can be done verbally or in writing. It’s crucial to document the notification for your records.
- Claim Filing Deadline (WKC § 28): In most cases, you have two years from the date of your injury or illness to file a formal claim with the New York Workers’ Compensation Board. Missing this deadline can significantly impact your ability to receive benefits.
- You might not necessarily be out of options if you do not file a workers’ compensation claim within two years. New York State has a three-year statute of limitations for personal injury claims, so you will still have an additional year after the window of opportunity for a workers’ comp claim closes to find a different route to compensation.
- Hearing Loss Claims (WKC § 49-bb): An extended deadline applies to hearing loss claims. You have an additional 90 days from the date you discover your hearing loss or when it should have been reasonably discovered to file your claim. This extended window acknowledges the potential for hearing loss to develop gradually over time.
Work With an Expert Nassau County Workers’ Compensation Accident Law Firm
Workers are the backbone of our economy, and when they are injured on the job, it’s a devastating setback. They shouldn’t have to face the additional burden of using their own hard-earned money to pay for medical bills and lost wages due to an injury sustained while simply trying to make a living.
The ideal situation is a clear path to recovery, where the focus is on healing and getting back on your feet, not financial worries.
Here at our Nassau County personal injury law firm, we understand the physical, emotional, and financial toll that workplace injuries can take. Our team of dedicated and experienced attorneys is passionate about advocating for injured workers and securing the compensation they deserve.
We have a proven track record of success in navigating complex workers’ compensation claims and achieving positive outcomes for our clients. Don’t let a workplace injury become a financial burden on top of everything else.
If you’ve been injured at work, don’t hesitate to take action. Call the CEO Lawyer Personal Injury Law Firm today at (516) 689-1132 for a free consultation; let us help you get the fair compensation you deserve and get back on the road to recovery.