Workers Comp Lawyer Dunkirk, NY
If you are in the unfortunate situation of suffering because of workplace negligence, it may be in your best interest to discuss your situation with a workers comp lawyer Dunkirk, NY injury victims can rely on. If you work a heavy labor job, you are constantly on your feet, and are performing perilous tasks, then one mistake could lead to severe injury. It is why if you were injured at work because of negligence, you should contact the team at Hurwitz, Whitcher & Molloy, LLP for more information.
What is Considered a Work Injury?
A work injury that you can pursue payment for through workers’ compensation needs to occur on the job and within the scope of an employee’s duties. Severe injuries suffered intentionally, while intoxicated, or because of the foregoing of mandatory safety equipment are typically exempt from coverage.
Negligence is not a deciding factor like it is in a car accident when it comes to workers comp. The issue is, that the employer’s insurance adjuster is going to go out of their way to try to deny your claim. You can get coverage for things like medical bills, lost wages, and disability benefits through workers’ comp but this comes at the expense of employer immunity from lawsuits over the injury. It is why many turn to a Dunkirk workers comp lawyer for help through this process.
Many workers end up making mistakes that prevent them from collecting compensation though. Here are the top mistakes people make after suffering a work injury that you should avoid when filing a claim.
Not Reporting Your Job Injury in a Timely Manner
The most common mistake is not reporting your accident to your employer immediately. Depending on the state, there are laws that require the injured employee to report any accident that caused an injury within 30 days to their employer. While some exceptions exist, it really isn’t worth suffering the injury and having to fight for compensation all while defending a delayed report. Given the large number of claims that arise at the workplace, employers are already suspicious of any work-related injury claim. By waiting longer than you should to report your injury, you risk having your injury’s integrity called into question.
Not Disclosing Any Previous Workplace Injuries
The second most common mistake is failing to disclose any previous workplace injuries. Even if the previous accident seemed minor or you didn’t report the previous injury out of concern for losing your job, any failure to report a past incident could result in you losing your compensation completely.
Not Returning to Work When You Are Able
Another mistake is refusing to return to work even when you can. Failing to accept a position offer, even at a lower wage, can be seen as a voluntary loss of income. This means that you can lose any further compensation and benefits that you might need for your injury. To make things worse, your employer can terminate you for refusing to work. Even if you don’t think you will be able to preform the position’s duties, you still have to make an attempt. Only when you show the duties are beyond your capability, can you make a claim that you are unable to follow through with the new position.
If you or a loved one have been injured at work, don’t hesitate to reach out to a Dunkirk workers comp lawyer from the team at Hurwitz, Whitcher & Molloy, LLP for more information about how we can you today.
