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As a company, is it required by law that we provide workers’ compensation insurance?
Long Island Workplace Injury Attorneys
Every state, including New York, has its own regulations related to workers’ compensation insurance. However, most states make it a requirement, depending on the number of workers employed. In addition, certain industries may have different rules that they follow. If you are unsure if your company needs to have this insurance, consider speaking with one of the Long Island workplace injury attorneys from Polsky, Shouldice, & Rosen P.C. who understands the different laws and provides proper legal guidance.
What will workers’ compensation insurance do for employees?
Workers’ comp is used to help pay for expenses caused by work-related incidents. This insurance can help with expenses related to:
What are the proper steps to take after an employee is injured at work?
After an accident occurs, the first thing you should do is ensure the safety of workers. An employer should immediately help the injured person and get other workers to safety, as well as contact proper medical services if needed. After the situation is under control, document what happened and talk to any witnesses. For proper legal guidance, call us one of our Long Island workplace injury attorneys for a free consultation.
How do I file a workers’ compensation claim?
After an employee is injured, an employer should do the following:
There are certain timeframes that an employee must abide by in order to get the compensation. The employer should provide the forms and paperwork in a timely manner. There are certain laws and regulations as well that need to be followed. Having one of our Long Island workplace injury attorneys who understand the different laws can help ensure you are well covered and compensated for your injuries.
Steps to Take After a Workplace Injury
In general, if you were injured at work you should speak with a Long Island workplace injury attorney. This is true even if you were partly responsible for what happened. Keep in mind there are exceptions which is another reason to consult with our firm. The following is a general overview of the steps you should take after being injured on the job.
Let Your Employer Know About the Injury
It is very important you notify your employer about the accident. Typically you will have a very limited time to get this done, otherwise, you may lose your right to workers’ compensation. Your employer should provide you with a form that will ask you to detail what happened.
Get Medical Treatment
Depending on the circumstances you might take this step before reporting the accident. Either way getting medical treatment should be taken seriously. When you go to the hospital or doctor, make sure you let them know your injuries were sustained at work. You should also ensure you notify the physician of all aches and pains that have resulted from the accident.
Choosing Your Doctor
As our Long Island workplace injury attorneys will explain, you will likely need to choose from their own list of doctors in order to have your treatment covered. If you feel different about this policy, we recommend discussing this with your employer or your lawyer.
Will I Be Able to File a Personal Injury Claim Too?
It depends. If a third party, or in other words someone not directly affiliated with your employer, caused you to be harmed, a personal injury claim might be pursuable. Our Long Island workplace injury attorneys will need to review the details of your case to determine whether or not this is applicable.
Workers’ compensation claims are a claim for benefits. There is no determination of fault which means the majority of claimants will be eligible. A personal injury claim seeks to hold a negligent party liable. Another difference is in the type of benefits available. Workers’ comp covers medical care and lost wages; whereas, an injury claim also may cover non-economic damages like pain and suffering.
Are there Any Steps that My Employer Must Take?
Each state has their own workers’ compensation laws; however, there are federal regulations that your employer must follow. These include:
Post compliance notices or posters in a visible location
Investigate all reports of an accident
Provide the reports to the insurance company
Provide immediate treatment to the injured worker
In addition to this your employer cannot legally discriminate against you after you’ve filed a claim. If you have been threatened, demoted, fired, or otherwise faced acts of discrimination, please consult with our Long Island workplace injury attorneys right away.
You Have Rights After a Workplace Accident
You have rights, and deserve to exert these rights to the fullest extent possible. Included in these rights is your ability to file a workers’ compensation claim, to get medical treatment in a timely manner, and to be able to access compensation for a disability. To learn more about your rights, call our Long Island workplace injury attorneys.
Contact Our Long Island Workplace Injury Attorneys
If you have been injured on the job and would like to find out more, contact one of our Long Island workplace injury attorneys from Polsky, Shouldice, & Rosen P.C. for a free and confidential consultation.
