In New York, workers’ compensation laws are in place to ensure that every employee who suffers an injury during the course of their work receives benefits to cover their losses. In order to make a claim under these laws, the injuries must have occurred as a result of off-site work related tasks or operations while on a job site. If you are a commercial truck driver injured on the job, you may qualify for benefits under your employer’s coverage. Workers’ compensation laws are created and administered at the state level, and it is a specialized area of personal injury law.
Injured truck drivers should act quickly since claims could be denied if not filed in time. It is important to file a workers’ compensation claim as soon after the accident as possible because failure to timely file this type of claim can result in your claim being denied outright. In New York, the law states an employee should report a work-related injury to the supervisor within 45 calendar days of the date of the injury or date that a doctor first tells an employee the injury is related to work.
Workers’ compensation claims in New York also have a specific statute of limitation, often one calendar year from the date of injury or last voluntary payment made by the insurance company on the employee’s behalf. Timely filing a claim is critical, as treatment for common injuries such as ligament tears, herniated discs, and broken bones can be costly if they must be paid out-of-pocket.
It normally does not matter who was at fault for an accident when filing a workers’ compensation claim. It typically operates as a “no-fault” system, meaning the employee must only show that he or she got hurt in the course and scope of employment. For example, if you were making a delivery and driving on your typical route when your car began to skid on ice and then crashed, your claim should be covered. However, if you had taken a detour to run a personal errand, it may not be covered.
In most states, it’s the law to call the police after an accident involving injury to persons or property. When you call the police, their officers should investigate the crash and issue a police report to document important information such as the parties involved, witnesses, insurance, property damage, tag numbers, VIN numbers, and the like. Even if you only exchanged information with the other driver at the scene, you should consider reporting the accident to the police so that they will issue a police report.
No matter how an accident occurred, it is important to conduct a thorough investigation. If it turns out a third party’s negligence contributed to your injury, you could simultaneously assert a third party claim against that individual or entity while you recover workers’ compensation benefits.
At HURT-511, 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