If you’ve suffered an injury on the job, or you’ve become unwell because of conditions in your workplace, it might be time to consult with a Hauppauge work injury lawyer.
Losing the ability to show up to work every day and provide for yourself is immensely difficult. The workers’ compensation system is designed to protect you from financial peril in this situation; too often, however, claimants cannot get the money they deserve because of unfair insurance company tactics.
Our firm knows this area of the law inside out. If you’re in this situation and you don’t know what to do next, keep reading.
Understanding Your Rights as an Injured Worker
The workers’ compensation system exists to protect employees who suffer debilitating illnesses and injuries because of their workplace activities. If you develop a sickness or injury because of your work, you should be entitled to receive a percentage of your normal earnings, medical expenses, and other benefits.
The Steps to Take After a Workplace Injury
There are a number of steps you’ll need to take after a workplace accident or illness to reinforce your chances of securing workers’ compensation benefits. These include:
- Reporting the injury to your employer: You should ideally do this as soon as possible after your accident; at the very least, you should submit your report within no more than 30 days.
- Seeking medical attention: Ensure you get a thorough examination from a healthcare provider who is authorized by the Workers’ Compensation Board (it’s OK to visit a non-authorized doctor in an emergency situation). Your health should be your top priority, and timely medical documentation is key to your claim.
- Documenting everything: Keep detailed records of your injury, symptoms, any treatment received, and how the injury affects your daily life. Document conversations with your employer about the injury and any correspondence related to your injury or claim.
- Filing a claim with the Workers’ Compensation Board: Complete and submit Form C-3 (Employee Claim) as soon as possible, but no later than two years from the date of the injury, or two years after you knew or should have known that the injury was related to your employment.
- Following your doctor’s orders: If you fail to follow the directions of your treatment providers, it may be more difficult for you to prove your illness or injury is solely the result of your work.
- Keeping a record of expenses and lost wages: Maintain a detailed log of all medical and travel expenses related to your injury, and any lost wages. If you don’t keep these records, you may not be able to recoup everything you’ve spent.
- Attending all required meetings and hearings: You may be required to attend hearings before the Workers’ Compensation Board. Being present and punctual for these appointments is critical to the success of your claim.
- Seeking legal representation: Workers’ compensation claims can present a lot of challenges. Though it’s not absolutely necessary to hire a lawyer to help you, an attorney who specializes in this area of the law can provide guidance, ensure your rights are protected, and help navigate the claims process effectively.
How Our Hauppauge Attorneys Can Help You
The Hauppauge work injury attorneys at Tucker Lawyers have decades of combined experience when it comes to workers’ compensation claims in the state of New York. We can help you overcome every challenge you meet.
Filing Your Workers’ Compensation Claim
Many of our clients only start working with us after they’ve received a rejection of their claim from their insurer. While there’s still plenty we can do at this point, we can be even more effective at the claim filing stage.
The application process is complicated, and making a mistake will leave you at risk of delays in payment, or outright denial of your claim. We’ll ensure that your submission covers all the bases and puts you in a good position.
Exploring All Avenues for Compensation
In order to receive workers’ compensation benefits, you must generally forfeit your right to purse a personal injury lawsuit against your employer in relation to your work injury.
There are also disability benefits to consider. If you become disabled while employed (even if the disability did not arise because of your work), you will become entitled to disability benefits after seven days.
Developing a Personalized Legal Strategy
Our decades of experience have taught us that no two Hauppauge work injury cases are the same. We’ll look at the unique aspects of your case to identify any angles we can use to make it as strong as possible.
Common Types of Workplace Injuries
There’s no exhaustive list of health conditions that can and cannot qualify you for workers’ compensation. As long as an illness or injury arises because of your workplace activities, it can qualify as a work injury for the purposes of workers’ comp.
Some of the case types we work on most often include:
- Machinery and equipment accidents
- Slip and fall incidents
- Occupational illnesses
- Repetitive stress injuries.
Do Self-Employed People Qualify for Workers’ Compensation Benefits?
If you’re a self-employed individual, you have the option to purchase workers’ compensation insurance for yourself. This is particularly advisable if you’re working in a high-risk industry, such as construction.
Additionally, if you’re a self-employed person working under contract for a company, you might be considered an employee for workers’ compensation purposes, depending on the specifics of your working relationship with the company.
The application of the rules in this area varies widely from one situation to the next, so it’s important to consult with a Hauppauge work injury lawyer if you have questions or concerns.
Frequently Asked Questions (FAQs)
How long do I have to file a claim in New York?
The New York State Workers’ Compensation Board requires that you notify your employer within 30 days of the injury. You have two years from the date of your injury to file a workers’ compensation claim.
Can I sue my employer?
If you accept workers’ compensation benefits, you will typically forfeit the right to sue your employer in relation to your workplace accident. However, you may be entitled to file an additional claim if another party’s negligence contributed to your injury.
Does workers’ compensation provide death benefits?
If a member of your family (a spouse, a parent, or a child) dies at work or dies because of a work-related condition, their workers’ compensation policy may pay benefits to cover funeral expenses, lost wages, and some other costs. Depending on the circumstances, you may also be entitled to file a wrongful death lawsuit in relation to the incident.
Can I choose my own doctor following a work injury in New York?
You can choose your own doctor for treatment of a work-related injury or illness, but the doctor must be authorized by the New York State Workers’ Compensation Board (except in emergency situations).
Get the Hauppauge Work Injury Lawyer You Deserve
Workplace injuries can profoundly impact your life and livelihood, but you don’t have to face this stressful time in your life alone. Our Hauppauge-based law firm is dedicated to providing you with the aggressive representation and compassionate support you need.
Reach out today for a free initial consultation. You can reach us via our online contact form, or over the phone at (516) 399-2364. We look forward to hearing from you!
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ATTORNEY BIO]
I cannot express enough gratitude for the exceptional service provided by Tucker Lawyers. From the very beginning of my case, they demonstrated unwavering dedication and professionalism. They were consistently ‘on top of everything,’ ensuring no detail was overlooked. Their proactive communication was remarkable I truly appreciated the regular calls and follow-ups after my doctor appointments, which kept me informed and reassured throughout the process. – Meaghan L.
I would highly recommend Tucker Lawyers. During a very stressful time and not knowing where to turn Tucker Lawyers really stepped up to the plate and put my mind at ease. They were very attentive and guided me and my family through this ordeal with a very successful outcome. John Tucker was fantastic. Very diligent and kept on top of things. You have a client for life for life. – Joan L.
