Work-Related Accidents
Protecting your rights at your workplace
Workplace injuries are possible whether you work in an office or on a construction site in New York. A workplace injury can have a significant impact on your life. You may require extensive medical care and be forced to remain at home while you recover. Your income may suffer as a result. You may be entitled to compensation from your employer’s workers’ compensation program or from a negligent third party, if you are injured.
It is your right to work in a reasonably safe environment. Even so, you can still get injured. When this happens, you need to decide whether this would call for a workers’ compensation claim and/or a third-party liability lawsuit.
The workplace injury attorneys at Volfman Law Group, PC can help. Our lawyers will protect your rights and make sure that your injuries, occupational illnesses, psychological distress, and aggravations of pre-existing conditions will be compensated justly.
Frequently Asked Questions
Can I sue my employer for injuries sustained on the job?
It all depends. When you file a workers’ compensation claim, you typically waive your right to sue your employer for personal injury. However, you may still be able to sue someone else if you were injured as a result of unsafe working conditions or dangerous equipment.
How does workers' compensation work?
Injured workers in New York are protected under workers’ compensation legislation. Workers’ compensation insurance, which protects employees in the event they are wounded at work, must be purchased by employers. The workers’ compensation policy guarantees that an injured worker’s bills and charges will be covered so they can receive the necessary medical care following a working accident. Additionally, if their injuries prevent them from working until they are fully recovered, injured workers can support their families as well as themselves.
How long do I have to file an injury claim?
It all depends on how you want to seek compensation.
Workers’ compensation
You must notify your employer within 30 days of the workplace accident. Then you’ll have a set amount of time to file your claim for benefits.
Personal Injury Lawsuit
In New York, the statute of limitations for bodily injury claims is three years.
If you wait too long to assert your legal rights, you will forfeit your right to the money you deserve.
What types of injuries are covered by workers' compensation?
If you were injured on the job in an unintentional accident, you are almost certainly entitled to workers’ compensation. In most cases, workers’ compensation will cover any type of injury you sustain at work or as a direct result of doing your job.
What does workers' compensation cover if I am injured on the job?
Because benefits are subject to restrictions, they are limited. For example, you may be required to see a doctor chosen by your employer. A weekly cap limits the amount of wage replacement benefits you can receive.
Is it necessary for me to be injured at work in order to be covered by workers' compensation?
No. What matters for workers’ compensation is whether or not your injury was caused on the job. So, if you’re running an errand for your boss or going on a business trip, you’re covered by workers’ compensation. To learn more, contact one of our skilled workers’ compensation attorneys today.
Because benefits are subject to restrictions, they are limited. For example, you may be required to see a doctor chosen by your employer. A weekly cap limits the amount of wage replacement benefits you can receive.
Can I sue if I was injured in a work-related accident and am receiving workers' compensation?
Yes. Receiving workers’ compensation benefits does not preclude you from filing a third-party claim against a negligent party.
Do I really need a lawyer to help me with a work-related accident lawsuit?
Having an experienced lawyer on your side is always a good idea. Workplace accident victims frequently believe they will be able to get by solely on workers’ compensation. Some are fortunate enough to succeed.
Workers’ compensation may not be sufficient in serious injury cases. Other workers struggle to receive adequate benefits. The workers’ compensation board may contest your claim or attempt to reduce the amount owed. In other words, you might need the money a personal injury lawsuit can provide.
A lawyer can guide you through all of these complexities and fight for your rights. We fight back when insurance companies try to blame you or downplay the severity of your injuries. We ensure that your case is built on solid evidence and respected expert opinions that are ready for trial.