Workers Comp Lawyer FAQ
Injuries happen everywhere, and often they occur at the workplace. Even if all precautions are taken and all safety procedures are followed, accidents still happen, and this reality is one reason why workers’ compensation insurance exists today. But understanding the ins and outs of workers’ comp is not a task one can accomplish overnight, and such explains why individuals often have questions regarding what workers’ comp is, how the claim process works, and what injuries are covered. Some of the frequently asked questions are answered here.
Call us at 1-800-HURT-511 when you want to speak with our trusted work comp lawyer in Brooklyn. We’ll help you file a claim and make sure you get properly compensated when a work-related injury or illness has saddled you with expensive medical bills and prevented you from earning.
Are All NYC Employers Supposed To Carry Workers’ Compensation Insurance?
By law, the vast majority of businesses in New York are required to carry workers’ compensation insurance. Employers must also make their employees aware of policy-related information, including the insurer’s name, their address, their phone number, and the policy number. Some businesses are not required to have workers’ comp, but most of these businesses have no employees.
When Should A Work-Related Injury Or Illness Be Reported?
When it comes to work-related injuries and illnesses, the sooner one reports, the better. An injured employee should immediately notify their employer of the injury, and after they do so they should seek medical treatment. If an employee doesn’t realize immediately that they’ve been injured, they have 14 days from when the accident occurred to notify their employer of the injury. Those who can’t file a report immediately because they were seriously injured by an accident are often granted an extended filing period.
Since an injured employee is not seeking compensation from their employer but instead their insurance provider, the employee shouldn’t view their employer as adversarial and hence keep information regarding the injury a secret; workers’ comp cases are not like fault-based injury cases that happen outside the workplace.
How Should A Work-Related Injury Or Illness Be Reported?
When an employee gets injured at work, they should report their injury first to their direct supervisor; it may also be necessary to file a report with human resources. While a report can be verbal, it’s better to make a report in writing, as this way you can have a copy for your records. In most cases, an employer will file a claim on behalf of their employee, but if an employer doesn’t do this, the injured employee can file directly with the state’s workers’ comp board.
What’s The Statute Of Limitations For Filing A Workers’ Comp Claim?
The statute of limitations in workers’ comp cases is typically two years, meaning an individual has two years from the date the injury occurred to file a claim for compensation. But different states have different reporting requirements. In New York, injured employees are afforded two years to file only if work-related injuries are discovered later on. Injuries that present immediately should be reported within 30 days.
Does The Employer Or The Employee File A First Report Of Injury Or Illness Form?
The First Report of Injury or Illness is a form that an employer must file on behalf of their injured employee within seven days of the injury occurring. It’s essentially an objective incident report that describes the workplace at the time the injury occurred and posits what conditions could’ve led to the injury occurring. In this report, there is space for witness input as well.
What Factors Influence The Size Of A Workers’ Comp Award?
A variety of injury-related expenses can be covered using the award from a workers’ compensation claim. For example, a workers’ compensation award can be used to cover the cost of medical procedures, treatments, doctor’s office visits, and prescription drugs. And if an injury is preventing an employee from working, workers compensation lawyer will cover lost wages both past and future. And in the tragic event of an employee succumbing to work-related injuries or illness, workers comp lawyer can cover funeral expenses and pass on the employee’s benefits to their dependents.
What’s Not Covered Under Workers’ Compensation?
Workers’ compensation insurance is supposed to cover costs associated with work-related injuries and illnesses. However, there are stipulations, and there are several instances in which an injured employee won’t be able to collect workers’ compensation:
- If an employee is under the influence of drugs or alcohol when the injury occurs.
- If an employee gets injured while horsing around.
- If an employee intentionally harms themselves while performing their duties.
- If an employee broke company policy or the law in the course of getting an injury.
Can An Employee Get Compensated If A Work-Related Injury Made A Preexisting Condition Worse?
If a work-related injury or illness exacerbates a preexisting condition, an employee would, in theory, be able to receive compensation. However, it’s difficult to prove this, as it needs to be proven that the work-related injury directly exacerbated the preexisting condition. The insurance company will likely argue that the condition got worse on its own, and that the injury had no significant impact.
Who Provides Medical Treatment To Those Facing Work-Related Injuries?
Most individuals prefer getting examined by a doctor they’re familiar with, but in the event of a work-related injury, you’ll need to be examined by a doctor that has been pre-approved by your employer’s insurance company. However, if you need attention immediately, you should go to the emergency room and not wait around for an assessment; a later assessment can be conducted once you’re in stable condition.
Is Hiring A Workers Comp Lawyer Worth It?
While it’s possible to navigate the workers’ compensation claim process alone, most injured employees get help from a workers’ comp lawyer to ensure the process is not only hassle-free but executed correctly. A workers comp lawyer will also make sure their client gets a fair compensation amount. And should a claim end up in court, a workers’ comp lawyer will be able to represent their client’s interests in front of a judge and jury. Moreover, a workers’ comp lawyer will only get paid if an award is secured.
Call 1-800-HURT-511 to hire a reputed workers’ compensation attorney in the Bronx. At the Sanders Law Firm, we’ve been protecting the rights of workers for more than a decade.