I GOT INJURED AT WORK, NOW WHAT?
After you have been hurt on the job, the last thing you’ll want to do is read legal jargon and attempt to tackle your workers’ compensation case
on your own. We are here to help you in your legal battle starting with some common questions:
WHAT DO I DO IF I’M HURT ON THE JOB?
Here are three things you should do if you are injured at work:
- Report your injury to your manager/boss/supervisor immediately
- Call 911 or request to see your doctor
- Complete a workers’ compensation claim form
Remember the sooner you report and submit your claim, the sooner it is possible to receive compensation while you are unable to work.
UNTIL YOU REPORT YOUR INJURY, COMPLETE & SUBMIT A CLAIM, YOUR EMPLOYER IS NOT OBLIGATED TO PROVIDE BENEFITS. DO NOT WAIT FOR AN INJURY TO WORSEN TO REPORT IT.
WHAT TYPE OF BENEFITS AM I ENTITLED TO?
Generally, you’re entitled to four basic benefits:
- Medical treatment: insurance company covers the bills for all treatment required to cure or alleviate the effects of the injury (within reason).
- Disability payments: if you are temporarily unable to work you are entitled to some amount of compensation for lost wages.
- Permanent disability settlement: if the injury causes you to be permanently impaired, you are entitled to compensation based on the significance of the disability.
- Vocational rehabilitation: if you are unable to return to your previous job, you are entitled to assistance in finding new employment.
WHO WILL PAY THE BENEFITS?
Contrary to popular belief, your benefits will not be paid by New York State but will be paid by the insurance company acquired by the employer. These insurance companies will generally work in the best interest of the employer and try to pay as little compensation as possible. This is why it is so important to have an aggressive lawyer fighting for you.
CAN I BE FIRED WHILE ON WORKERS’ COMP?
Generally, an employer may not fire you while you are on temporary disability receiving workers’ compensation. One exception might be if it becomes clear through medical assessment that you will not be able to return to your previous job. Another exception might be if your job must be filled due to the necessity of the positions for the business.
WHAT IF I’M UNABLE TO RETURN TO WORK?
If you cannot return to your previous job, you and your employer may arrange a modified or alternate position for you. On the other hand, if there is no available position for you, and you are unable to do your usual job, you may receive assistance from the state in resources for finding a new job, training for a new job, and other vocational rehabilitation benefits
DOES MY INJURY COUNT?
Many work-related injuries do count in workers’ compensation claims. Some types of injuries that are often overlooked by the employee are:
- Hearing loss: Consistent exposure to loud noises over an extended period of time (with or without hearing protection) can create a gradual loss of hearing.
- Lung issues: Consistent exposure to toxic chemicals over an extended period of time can damage the lungs and cause breathing problems.
- Heart attacks: Work stress can cause a heart attack even while you are away from the job.
- Hand injuries: Repetitive hand movements can lead to injuries such as wrist pain, carpal tunnel syndrome, or nerve damage.
- Hernias or back pains: Physical exertion and lifting heavy objects can put a strain on your back, stomach and torso causing serious injuries over time.
- Eye injuries: Eye strain, irritants or other eye injuries can significantly impact vision.
Any injury caused even partially by work accidents or conditions or accidents may be covered by workers’ compensation. If you need assistance in learning more about what counts as a work-related injury, reach out to us today.
Have More Questions About Workers’ Compensation? Call Us Now.