Work Comp Lawyer Brooklyn
Accidents are unavoidable. Moreover, even when all necessary precautions are taken, individuals still get hurt at their jobs. And when an injury or sickness is work-related, it’s likely the individual who sustained the injury/sickness will receive what’s known as workers’ compensation.
But receiving workers’ comp isn’t always easy, and such is why there are work comp lawyers out their. A work comp lawyer will be able to navigate through all the intricacies of the claims process for their client, and they can pursue necessary legal actions when an employer’s insurer refuses to compensate their client.
If you need a superior work comp lawyer in Brooklyn, call the Sanders Law Firm at 1-800-HURT-511. For years, we’ve been providing top-notch legal representation to individuals seeking workers’ compensation, and we’ll fight on your behalf so you get the compensation you deserve!
What Is Workers’ Compensation?
When an employee gets injured or falls ill due to a work-related accident or work conditions, they may be entitled to receive cash benefits or covered medical care. Both remedies are forms of workers’ compensation. Workers’ comp insurance is not funded by employees, rather its employers who bare the cost of maintaining coverage.
Who’s at Fault?
Fault is not a factor in a workers’ comp claim. In other words, the size of an award an injured employee receives is not determined by factors like negligence or maliciousness. If, however, an employee was under the influence of drugs or alcohol when they got injured, they possess no right to worker’ compensation. Similarly, if it was their intention to hurt themselves or others, they can’t seek compensation.
When an employee’s claim is approved, it is approved by their employer’s insurance company. However, insurance companies possess the right to dispute a claim. If an employee’s claim does get disputed, they may be able to receive disability benefits while the dispute gets resolved. If a claimant does accept disability benefits, and they later win the workers’ comp dispute, the amount they received in disability benefits will be subtracted from the amount they’re owed in workers’ compensation.
Workers’ Compensation Claim vs. Civil Lawsuit
Back in the day, an employee would have to file a lawsuit against their employer when they wanted to be compensated for a work-related injury or sickness. Things were made a lot easier when workers’ compensation was created.
Now, when an employee gets hurt at work, there’s no fault. All employees have a right to workers compensation’, and all employers, on the other hand, are protected from being sued over work-related injuries. However, just because an employee can’t bring a lawsuit against their employer doesn’t mean a lawsuit can’t be brought against someone else who bears responsibility for the injury. Similarly, the manufacturer of a defective product can be sued if their product caused a work-related injury.
What Injuries Are Covered by Workers’ Compensation?
In order to receive workers’ compensation, an employee has to be able to prove that their injury or sickness was a result of their work or working conditions. Here are some of the injuries that workers’ comp covers.
- → If you had a pre-existing condition and this was exacerbated or accelerated because of a situation at work. For example, you may have sustained a neck injury and not noticed until later.
- → If you get injured during a break, lunch hour, or work-related function, you’ll be entitled to receive workers’ comp.
- → If the facilities are what caused you to become injured or sick, you’re entitled to receive workers’ comp. (For example, if a chair that’s been provided by the company snaps while you’re sitting in it, and you get hurt from this, such could necessitate receiving workers’ comp.)
- → If you contract a serious disease because you were exposed to toxins at work, you’ll be entitled to receive workers’ comp.
- → If your mental and/or physical health have suffered as a result of more responsibilities and/or more work-related stress, you can be compensated for this.
- → An employee who gets hurt while pursuing a personal activity during working hours may also receive compensation.
What You Should Do if You Think You Have a Work Comp Claim
If you believe you’re owed workers’ compensation, here’s what you should do:
Report the Injury – You should do this in writing so you have a copy for your personal records.
Fill Out a Claim Form – When your employer is notified of the injury, they should give you a form to complete. If you don’t fill out the claim form, you won’t be able to receive workers’ compensation. You need to fill it out completely and make sure the information is specific. Photocopy this so you have a copy for your own records.
Employer Processes the Form – Once your employer has your workers’ comp claim form, they must file it immediately.
Note: If you don’t fill out a workers’ comp form immediately after you get hurt, it may be harder for you to receive compensation. The more time passes, the harder it’ll be to prove that your injury or sickness is work-related.
If the Claim Is Disputed – If your claim for workers’ comp eventually turns into a dispute, it’s at this point that you should reach out to a professional workers’ comp lawyer.
What Does a Work Comp Lawyer Do?
A workers’ comp attorney can help an injured employee file a claim for compensation, and they can also ensure the employee is accurately compensated for medical costs, lost wages, and mental anguish. And if the employee’s claim for compensation is disputed by their employer’s insurance company, a skilled and experienced attorney can defend the employee’s position.
An expert work comp lawyer in Brooklyn will know how to gather the evidence that’s needed to prove a case, and they’ll also be able to determine a reasonable compensation amount. Moreover, most of these lawyers work on contingency, so a claimant doesn’t have to pay up front.
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