On-the-job injuries Workers’ Claim

Regardless of the type of work you perform, you may sustain a serious injury in an on-the-job accident or develop a condition such as a repetitive stress injury or hearing loss caused by your job. If you have a serious injury, it can adversely affect every aspect of your life. In addition to jeopardizing your physical health, a work-related injury can create financial stress on your family and affect you and those you care about for years to come.

In the event you suffer from an occupational illness due to exposure to hazards in the workplace, such as asbestos, or toxic chemicals, you should notify your employer as soon as your doctor informs you of your condition. Once your claim has been filed with the Commission, you should begin receiving benefits within a two-week period.

Whether you have suffered an on-the-job injury or a work-related illness, if your employer refuses to submit your claim to the Commission you may submit it yourself by filing Form 18: Notice of Accident to Employer and Claim of Employee directly with the Workers’ Compensation Board.

Under Section 97-18 of the NC Workers’ Compensation Act, you will be notified within 14 days of your injury being reported if further information is needed or if your claim has been denied. In the event your workers’ compensation claim is denied, you will receive notice that your claim is denied with specific grounds under which your claim was denied as well as a notice of your right to appeal the decision.

You then have an additional 14 days to notify the workers’ compensation board of your intent to appeal. Once you have given notice of your intent to appeal, you will be scheduled for a mediation conference. You, your legal representative, and your employer’s insurance representative will meet with the mediator, who will make a decision based on the evidence presented in your claim. In the event you disagree with the mediator’s decision, you may request a hearing before an administrative judge.

Questions that must be answered include whether you suffered a work-related illness or injury while on the job site itself, whether the injury occurred while you were performing employer-related business off the employer’s premises, whether your injury was caused by exposures to dangerous chemicals at work, whether your injury occurred while you were attending a mandatory business outing, etc.

There are many uncertain areas in workers’ comp coverage, and each case must be assessed separately. For example, for an injury that occurred during a lunch break, the attorney will need to know if you were injured on the job site, or on the employer’s premises, or crossing a street to get to the employer’s parking lot. Another example is if you slip and break your arm while dancing at a company event, the attorney will need to know if you were required to attend that event or whether attendance was optional.

Workers’ comp benefits may also be uncertain in relation to certain injuries. If you have a pre-existing condition like carpal tunnel syndrome that your job aggravates or exacerbates, you may be entitled to workers’ compensation benefits if your job put you at a higher risk of developing the disease.

On-the-job injuries result in serious hardships for workers and their families, and could jeopardize your future ability to work or provide for your family. If you or a loved one is injured on the job and you are having any difficulty obtaining benefits, contact HURT-511 for more information on workers’ comp statute and our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.