If you or a loved one has suffered a traumatic brain injury in a work-related accident, you may wonder if you have the right to file a personal injury claim. In the eyes of the law, the “exclusive remedy” for most job-related injuries is to file a workers’ compensation claim. This means that, in most cases, you are not eligible to sue your employer for damages that you incur as a result of a work-related TBI. Instead, you can file a workers’ compensation claim and receive benefits that way. With that said, not every construction worker in New York is eligible for these benefits. Especially if you are classified as an independent contractor, you may need to explore alternative routes to proper compensation with an experienced Bronx, NY construction injury lawyer from Polsky, Shouldice & Rosen, P.C. However, if you’re classified as a full-time or part-time employee, we’ll probably be able to help you file a workers’ compensation claim instead.
This is not necessarily a bad thing. If you were to go to court, you would have to convince a judge and jury that your employer was in the wrong. Even if the court did eventually decide the case in your favor, which is by no means guaranteed, the case could drag on for a significant amount of time, meaning that you would need to wait to receive the compensation you deserve. In theory, workers’ compensation allows you to receive your benefits more quickly, without the risk that the court may decide against you and you get nothing.
In practice, however, workers’ compensation insurance companies are often reluctant to pay you what you deserve for your traumatic brain injury, looking for any excuse possible to deny your claim or reduce the amount. It can be a challenge to recover what you deserve in compensation for a TBI, but a Bronx, NY construction injury lawyer can help. Consider the following basics as you prepare for a consultation with our team. We can answer any questions you have about this approach when we learn more about your situation.
Seek Medical Attention Immediately
Failure to do so may give the insurance company an excuse to allege that your injury wasn’t really related to work. You may not realize that you have a brain injury at first because the signs and symptoms may be delayed. However, even a moderate blow to the head may result in a TBI. When in doubt, get checked out.
Report the Injury and File the Claim
If your first priority after a potential work-related TBI is to have a medical evaluation, your second priority is to report your injury to your superiors and file a workers’ comp claim. If you are incapacitated after the injury, it may fall to someone else, such as a family member, to act on your behalf. However, there are time limits on when you can report the injury and file your claim, so it is best to do this as soon as you are able. With that said, you can wait to file a report until after you have spoken with a Bronx, NY construction injury lawyer if you have questions about your options or fear retaliation.
If the circumstances surrounding your TBI are ambiguous, you may not know whether you can file a personal injury lawsuit or should submit a workers’ comp claim. That’s okay. Our Bronx, NY construction injury lawyer team can provide clarity. We look forward to speaking with you.