Workers’ Comp Lawyer NY
If you work in New York and you are injured in an incident that is work-related, you are entitled to workers’ compensation benefits. Although employers are required by law to keep work areas as safe as possible, many accidents still occur, and thousands of workers are injured every day. If you have been injured at work, a NY workers’ comp lawyer can ensure you get whatever benefits you are entitled to.
The Occupational Safety and Health Administration (OSHA) is in charge of all the safety rules and regulations that companies must follow. There are both general rules and regulations, as well as industry-specific rules and regulations. Unfortunately, not all employers follow these rules and, as a result, many work accidents that occur could have actually been prevented if the rules were adhered to.
When an employer is caught not following rules and regulations, OSHA will issue a violation citation against the company. A workers’ comp lawyer in NY knows that there are certain violations that OSHA cites on a frequent basis, despite how dangerous these violations are for workers.
In the construction industry, one of the most commonly cited OSHA violations is fall protection. All construction companies – no matter how big or how small – have a duty to make sure that all walking surfaces and work areas are built strong enough and have enough strength to support workers. There should be guardrails, and safety nets, as well as personal fall arrest systems in areas where there is no protected edge.
OSHA also finds that many employers fail to use scaffolding that meets the standards set forth by the agency. These standards include scaffolding that is professionally designed and assembled, and it must be able to support four times the intended load.
Another category where OSHA issues a high number of violations is in occupations where there are hazardous substances involved. One of the most common violations concerns how communication about the substances is relayed to the workers who are working with them. Violations include failure to warn and train workers about the dangers, failure to have a written hazard communication program, failure to properly label hazardous material containers, and failure to make sure every employee has safety sheets.
Many employees also fail to provide workers in environments where there are hazardous dust, fogs, fumes, gases, smoke, or vapors the appropriate respiratory protection.
There are many industries where employees are working with, maintaining, or servicing equipment and machines that could start up unexpectedly. OSHA regulations require these machines have a lockout or tagout to prevent these unexpected startups and potential catastrophic tragedies. A NY workers’ comp lawyer has worked on many cases where the employer violated this regulation and the worker sustained serious to severe injury as a result.
If you were injured at work, you should get in touch with a workers’ comp lawyer in NY. You deserve to be compensated for what you’ve been through. A lawyer can help you file a timely claim and make sure you’re fairly compensated.
You should not have to make your injury worse just to keep your job. This is why it is important to have an experienced workers’ compensation lawyer on your side. He or she will fight for your rights and for what you deserve. You deserve to be able to heal fully before returning to work – and you should not have to financially suffer because of this. Our skilled team of lawyers will fight to make sure that you get what you deserve in this case.
Examples of Injuries in the Workplace
Unfortunately, there are many different ways a person can be injured in the workplace. Of course, injuries are more likely in environments that are dangerous – such as construction sites or when one is deployed in the military – but there should still be reasonable protections given to workers to make sure they are as safe as possible. And, a person can still hold their company accountable if they are injured in the workplace. Here are some of the most common workplace injuries:
- Slip and falls. These can occur both in an office environment or in a more active workplace. If they are from a high height, they may be catastrophic. Even a slip and fall on the ground may result in something serious like a traumatic brain injury, though.
- Traumatic brain injuries. TBIs can occur from falling, but they can also happen by getting hit on the head with an object. These can be life changing injuries and should not be handled lightly. You deserve to be compensated a great amount for both medical treatments and for all of the life adjustments you need to make while facing a TBI.
- Repetitive motion injuries. These are common in the workplace and can happen in an office setting or anywhere else. If someone has an active job and continues to do the same thing day after day, they may get this injury. They can also get repetitive motion injuries from using the computer too much or in an office setting. Carpal tunnel syndrome is very common for people who have office jobs.
If you think an injury you sustained may have been due to the fault of someone or something in your workplace environment, you need to contact an experienced workers’ comp lawyer right away. He or she will know the laws of the state and be able to determine what you should be filing for and how much you deserve in your case. Your lawyer can look at possible settlement amounts and see whether that is fair or you should take your case to court.
Tips for Going Back to Work After an Injury
If you’ve suffered an injury at the workplace, you’re likely eager to go back to work soon. However, getting back into the swing of things can be difficult. Here are some tips for returning to work after an injury.
- Stay in touch with your employer. No matter how long you’re supposed to be out of work, communicate with your employer once a week to let him or her know how you’re doing. Inform your employer about your recovery and when you expect to return to work. Keeping in contact with your employer will show him or her that you’re serious about returning to the workplace.
- Don’t go back to work before your doctor gives you the okay. If you’re starting to feel better, you might feel like you can return to work earlier than expected. However, you should avoid doing this. Don’t go back to the workplace until your doctor gives you the go-ahead. Otherwise, you could end up reinjuring yourself.
- Bring a list of your restrictions. Even if your doctor approves you to go back to work, he or she may give you restrictions. For example, your doctor may not want you to lift anything over 10 lbs. Remember to bring a list of these restrictions to show your boss.
- Pay attention to your body. As a workers’ comp lawyer in NY can confirm, it’s important to listen to your body when you return to work. If you feel pain or fatigue, don’t hesitate to take a break. You don’t want to push your body past its limits.
- Don’t be afraid to ask for help. When you first return to work after an injury, you still might not feel 100 percent like yourself. That’s why you shouldn’t hesitate to ask your coworkers for help when you need it.
- Contact your lawyer if your employer is being difficult. If your employer is trying to force you to return to work before you’re ready or perform tasks that your doctor restricted, you should let your workers’ comp lawyer know.
Frequently Asked Questions About Workers Comp
You found us because you need a workers comp lawyer in NY. Hurwitz, Witcher, & Molloy LLP is a team of lawyers with over 125 years of combined experience in workers’ compensation claims. We understand that whether you or a loved one has an injury or illness due to an incident at work, everyone has unique circumstances. We recommend a consultation with our office to discuss specific answers regarding your needs. There are a few questions many clients have up front about the process.
When Should I Hire a Workers’ Comp Lawyer?
No one expects to get injured on the job. Dealing with your health and recovery should be your focus. Our workers’ compensation lawyers help handle the rest. We can take care of all aspects of the claims process for you. We can help you understand your possible benefits, file all the necessary paperwork correctly, locate recommended doctors in your network, submit wage and hour claims, and seek settlements.
What Records Should I Keep?
It is good practice to make a file of all relevant information before you contact our workers comp lawyer in NY. Keep your pay stubs from any of your benefit checks. Maintain records of all costs, hospital visits, and other medical expenses relevant to your case. Your benefits may include reimbursement for these costs. These records and receipts can also be medical evidence to support any future claim.
It is crucial to receive regular care and checkups on your condition. Your physicians should also be filing reports on these checkups with the board and your insurance carrier.
It is also possible to get out-of-pocket reimbursements for some medical expenses. Your coverage likely includes the cost of prescriptions, so keep track of receipts for all medications. Most likely, your carrier also pays mileage reimbursement for your travel to get treatment. Keep track of how far you go to the doctor and any related gas receipts. These are often part of your compensation.
What Other Info Is Important To Get?
Remember, never give out your personal information to the carrier over the phone. Contact our workers comp lawyer in NY. We are here to submit the forms needed. Hurwitz, Witcher, & Molloy LLP can assist in getting the list of your in-network providers and covered pharmacies in your area.
Sometimes, the insurance company will try to arrange for rehabilitation agents. It is crucial you first consult with one of our lawyers to ensure your coverage and rights. Refer any such agent to our office for permission to work with you.
You have your own specific needs, and we are here to help you navigate your options and get those needs met.
Do All Business Owners Need Workers’ Compensation?
In almost every state, business owners must have workers’ compensation insurance. Nearly every state allows employers to exempt themselves from this requirement. Even then, exceptions exist for self-employed individuals and companies that contract with other businesses.
Workplace injuries are more common than you might think. In fact, it’s estimated that almost 3 million people suffer a workplace injury or illness every year. The good news is that many of these injuries can be prevented with the right safety measures and training.
Our workers’ compensation lawyers at Hurwitz, Whitcher & Molloy, LLP, we take the time to learn about each individual client’s needs and develop a strong case on his or her behalf. We will work hard to get you the disability benefits that you deserve.
Below are some frequently asked questions about a workers comp lawyer NY services:
What is workers’ compensation?
Workers’ compensation is an insurance program that pays benefits to employees who are injured on the job. Workers’ compensation insurance is required by employers in most states.
You may have a right to receive benefits if you’re injured while working, including medical bills, disability payments, and lost wages. In addition, certain family members may be entitled to death benefits if an employee dies in a work-related accident or from an occupational disease.
How does workers’ compensation work?
Workers’ compensation works in two ways. First, your employer pays into a state-regulated fund from which you can collect benefits if you are injured on the job. Second, your employer has insurance coverage that protects it from being sued if you become injured at work or develop an occupational disease because of your job.
What does workers’ compensation cover?
Workers’ compensation is insurance that provides benefits to employees who are injured or become sick due to a workplace accident or illness. This includes lost wages, medical bills, and other related expenses. If you were injured at work, it’s important to understand what your employer’s workers’ compensation policy covers and how it can help you.
How do I know if I’m covered?
Most companies must carry workers’ compensation insurance. However, not all businesses in every state are required to have coverage. Check with your human resources department, or look on your pay stubs for information about workers’ compensation coverage.
If you suspect that your employer doesn’t have valid workers’ comp coverage, it’s important to check with an attorney as soon as possible about filing a claim for benefits with the state fund in your area.
Do I need a workers comp lawyer in NY to file a workers’ compensation claim?
No. You can file your own claim by contacting your state’s workers’ compensation board. If you decide to hire a workers comp lawyer in NY, you need to do so within two years of the date of your injury or your last payment of lost wages (whichever is later). When you are ready to hire a workers comp lawyer in NY, look for one who specializes in workers’ compensation cases like Hurwitz, Whitcher & Molloy, LLP.
Can I get workers’ compensation if I am injured at work?
The answer depends on where you live and work. Every state has a different set of rules regarding who is eligible for workers’ compensation benefits and under what circumstances they can receive them. Some states require all employers (with few exceptions) to provide workers’ compensation insurance coverage for their employees; other states only require employers with a certain number of employees to provide coverage. At Hurwitz, Whitcher & Molloy, LLP, we are committed to our clients and to the community. Call Hurwitz, Whitcher & Molloy, LLP today!
When Companies Must Have Workers’ Comp
Except for Texas, every state requires companies with at least a single employee to carry workers’ comp insurance. Self-employed business owners must set up an insurance plan before hiring non-owner workers. Injured employees may get help to understand insurance policies and coverage requirements from an experienced workers comp lawyer in NY, from Hurwitz, Witcher, & Molloy LLP.
Coverage for Owner-Employees
Workers’ comp regulations regarding owner-employees depend on whether the business operates as a partnership, sole proprietorship, corporation or limited liability company. Rather than employers covering themselves with a workers’ comp policy, they may instead only cover their workforce to save money.
Required Business Owner Coverage
If an entity works with outside contractors, it may require them to carry workers’ comp coverage before doing business together. Depending on the work performed and the industry, an independent contractor could need workers’ comp coverage. For instance, self-employed roofers in California must add owners to their workers’ comp policy because of the job’s hazards. Employees injured on the job who work in dangerous industries may want to consult with an experienced Hurwitz, Witcher, & Molloy LLP workers comp lawyer in NY, to find out whether their employer must carry a policy that covers rehabilitation and medical bills for injured workers.
The Dangers of Assumptions
Neither employers nor employees must make assumptions about workers’ comp requirements. If a company must have workers’ comp but does not have a policy, it could face severe penalties. In some situations, the business may shut down for not having proper coverage. Even though business owners often need not cover themselves, they should not take for granted that the generality applies to them. It makes sense for companies with employees to work with an experienced, reputable insurance agent to understand the latest government regulations and determine the most favorable course of action. Sole proprietors and the self-employed may consider checking with their state about insurance requirements for their specific industry and business type.
Injured employees deserve to work with a workers comp lawyer in NY, to determine whether their company lived up to its moral and legal responsibilities to protect employees. Getting facts from experienced professionals helps injured workers know where to turn and which steps to take next.
Schedule a meeting with a workers’ comp lawyer in NY at Hurwitz, Whitcher & Molloy, LLP today.
What If I Suffered An Injury At Work And It Was My Employer’s Fault?
Safe working environments are beneficial to everyone in society. Workers’ compensation laws were established to protect employers and employees from the negative consequences associated with maintaining unsafe work environments. Employees sued employers under negligence or personal injury law before workers’ compensation laws were passed.
Under the laws of the system used before workers’ compensation laws were legislated, if an employer was found negligent then the employee could obtain damages for medical bills and lost earnings. The employee could also gain damages for emotional trauma as well as pain and suffering. Each party had a right to a jury trial and the employer often had to pay damages amounts that would subsequently cause the employer to go out of business.
No-fault workers’ compensation systems were created to provide employees with a quicker and more efficient method of obtaining compensation for injuries suffered while at work. Employers benefited from this new system of workers’ compensation law because the number of lawsuits against employers diminished and employers were immune from being sued for negligence.
It is irrelevant under the workers’ compensation system whether the employer or employee was negligent. Some individuals suggest that employers benefit more under the modern approach to workers’ compensation because the employers do not have to consider the financial costs of injuries that occur at the workplace. Sometimes employers are clearly negligent and this does not alter the procedural rules of workers’ compensation law.
Under specific circumstances in a majority of state injuries do exist that will justify the employee suing either an employer or a third party. These types of injuries typically involve defective equipment or faulty equipment. Schedule a free consultation today if you believe you were injured at your place of employment.
What Must My Employer Do To Comply With Workers’ Compensation Laws?
All employers who operate in the United States must provide workers’ compensation to employees in accordance with the state’s regulations and laws. In many states the laws offer exceptions for employers with few employees. Some large employers are self-insuring. Employers must not only provide employers with workers’ compensation insurance.
Employers also have additional responsibilities. For example, employers must print out and display notices of compliance containing the workers’ compensation laws of the state at every workplace. Also, employers must ensure that injury reports are sent to the correct workers’ compensation office. Employers must also create writings detailing the accidents that produce injuries that require employees to miss work.
Every employer is also tasked with providing emergency medical treatment for all employees who suffer injuries while at their place of employment. A state’s workers’ compensation enforcement agency may demand that the employer comply with specific demands for information. Employers must comply with their state’s workers’ compensation enforcement agency. Lastly, all employers must provide medical attention if the employee is not able to find a medical professional who will treat him or her.
Contact A Hurwitz, Whitcher & Molly LLP Today
Injured employees deserve to work with a workers’ compensation lawyer in New York and to determine whether their company lived up to its moral and legal responsibilities to protect employees. Obtaining facts from experienced legal professionals helps injured workers know where to turn and which steps to take next. Schedule a free consultation with a workers’ compensation attorney in New York at Hurwitz, Whitcher & Molloy LLP today.
