Workers Compensation Lawyer Queens
Accidents are unavoidable, and such is true inside the workplace as it is outside of it. According to the US Bureau of Labor Statistics, 2.8 million non-fatal workplace illnesses or injuries were reported in 2019 by private employers alone, and this figure doesn’t even account for the scores of public sector workers who filed for workers’ comp that year.
Since injuries are unavoidable at the workplace, nearly every state has mandated that businesses with employees must purchase workers’ compensation insurance. Workers’ compensation insurance is no-fault coverage, which means an employer that possesses this coverage is protected from injury-related lawsuits. If an employee gets hurt on the job, it’s workers’ compensation insurance that pays for their medical bills and lost wages.
But filing a workers’ comp claim is a lot easier than securing compensation, as often these claims are disputed. To ensure the filing process is simple, many potential claimants seek help from a workers comp’ lawyer. These lawyers know how to navigate the complexities of the claim process, and they know how to determine an accurate and fair compensation amount.
Call 1-800-HURT-511 and speak with our workers’ compensation lawyers in Queens when you believe you’re owed workers’ compensation. It’s best to reach out to us before you begin the claim process, as this way you can pursue an effective strategy from the start.
What’s the Process for Filing a Workers’ Compensation Claim?
There’s a specific process one must follow to file a workers’ comp claim. If an injured employee deviates from this process, or if they delay pursuing it, then they may not be able to receive compensation.
What the Injured Employee Must Do
First, an employee who’s been injured at work must fill out the appropriate form—within a specified time frame—to get the claim process in motion. States have different filing time frames, and some require a claim to be filed within 72 hours after the injury occurred, whereas others give the injured employee as many as 30 days to file a claim. And in some states, an injured employee has a couple years to file a claim after they get injured.
What the Employer Must Do
Once the employee notifies their employer of the work-related injury, there are certain things that the employer must do. And when it comes to notifying an employer of an injury, it’s best for the injured employee to make a report in writing, as this way they’ll have a copy of the report for their records.
Once the employer knows that their employee has been injured, they must:
- → Help their employee get medical attention.
- → Investigate the accident scene to ensure the hazardous situation is no longer present. If it is, it must be properly marked.
- → Get a documented account of what happened and talk to witnesses, take pictures, etc.
- → File the employee’s claim with the business’s insurance provider.
Note: In some states, documentation must be provided to the workers’ comp board as well.
Note: An employer may refuse to file a workers’ compensation claim if they believe it to be fraudulent.
Once a claim has been filed, it’ll either be accepted or denied by the employer’s insurance provider. When an injured employee’s claim gets disputed, they should seek professional legal assistance—if they haven’t already—so their claim has a better chance of being approved.
How Is Fault Established in a Workers’ Compensation Claim?
Fault isn’t a factor, in the traditional sense, in a workers’ comp claim. The employer assumes absolute fault for all work-related injuries, and restitution for these injuries is paid out by the employer’s insurance company. However, there are instances when an employee is precluded from seeking workers’ compensation for injuries.
What’s Not Covered by Workers’ Compensation
For example, if the injury was self-inflicted, an employee won’t be able to claim compensation. Also, if the injury was caused by fighting or horseplay, or if the employee was under the influence of drugs or alcohol when they got hurt, compensation can’t be sought. And if an employee was violating company rules or committing a crime when they got hurt, they can’t seek restitution. If an employee’s claim is denied on any of the grounds above, it’s here where having professional legal representation is useful.
But just because fault can’t be placed on an employer doesn’t mean others can’t be sued for damages. For example, if an employee gets hurt by a piece of defective machinery, they may be able to sue the manufacturer. A workers’ compensation lawyer will be able to identify all the parties who bear responsibility for their client’s injuries.
What Injuries Are Covered by Workers’ Compensation?
Countless work-related injuries are covered by workers’ compensation, but according to OSHA and the National Safety Council (NSC), the most common injuries are:
- → Muscle sprains and tears
- → Bone fractures
- → Head injuries
- → Cuts and lacerations
- → Repetitive strain or stress injuries (RSI), like carpal tunnel, tendinitis, and back pain
- → Injuries that result from slipping and falling
OSHA refers to the injuries below as the “fatal four”, as they often result in death:
- → Electrocution
- → Getting crushed
- → Being struck by an object or equipment
- → Falling
What Should Be Done After You Get Injured at Work?
When an employee gets injured at their job, and the injury is covered by workers’ comp, there’s no limit or exclusion governing how much money the injured employee can get. The amount of compensation is commensurate to the total cost of medical bills, lost wages, and rehabilitation.
Usually, a workers’ comp case will get resolved quickly and seamlessly if there’s a skilled lawyer representing the claimant. It’s been found that only 7% of workers’ comp claims are denied, and that only 5% of disputes go to trial. Usually these claims are settled out of court and in accordance with workers’ comp laws and regulations.
What Will a Workers’ Compensation Lawyer Do for Their Client?
A workers’ compensation lawyer will help their client file a claim, and they’ll also serve as an advocate if their client’s claim gets disputed. Most employees aren’t capable of pursuing compensation in a timely manner after they’ve been injured. But with a workers’ comp lawyer on their side, an injured employee can leave all the hassles to their lawyer. Moreover, the lawyer will only get paid if a settlement is reached.
Call us at 1-800-HURT-511 when you want to speak with our workers’ compensation lawyers in Queens. We’ve secured hundreds of favorable judgments for our clients.
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