When an employee suffers an injury in a construction accident or any other type of workplace accident, in addition to experiencing the physical pain of the injury, the employee often also suffers financial distress. Treatment for the injury can result in significant medical expenses, particularly if the accident resulted in a brain injury, broken bones, or paralysis. A serious injury may render the employee unable to return to work for an extended time period. In some cases the employee becomes permanently disabled, negatively impacting his or her ability to earn an income. Not only is the employee affected by the financial losses, but his or her entire family is impacted as well. Fortunately, in New York injured workers are entitled to receive compensation for losses through the employer's workers' compensation insurance. However, despite the availability of workers' compensation pursuing all the benefits and compensation to which you are entitled may be complicated and stressful, particularly while you are recovering from a painful injury. If you have been injured in the workplace it is important that you immediately contact an experienced Bronx workers' compensation lawyer who will review your case and help you pursue the maximum compensation to which you are entitled.
New York workers' compensation lawUnder New York workers' compensation law all employers are required to carry worker's compensation insurance. Thus if a worker gets hurt at work, the employer is required to pay workers' compensation benefits. Workers' compensation benefits include medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and death benefits to the employee's spouse or children. The program is administered by the New York Workers' Compensation Board.
In order to receive workers' compensation benefits, the injured employee must follow certain procedures. As soon as possible after the accident, the injured worker must report the injury to his or her employer. The worker must seek medical treatment. There may be a specific facility to which the worker must go. When getting treatment, the victim should let the healthcare provider know that the injury or illness was job related.
Pursuing damagesUnder New York law because workers' compensation benefits are the "exclusive remedy" for an injured employee, an injured employee is not permitted to file a personal injury lawsuit against an employer. In general, if the accident is covered by workers' compensation the only source of compensation or benefits is workers' compensation.
Workers' compensation benefits include medical expenses and wage replacement. The compensation available under workers' compensation is generally less than would be available if the victim was permitted to seek recovery in a personal injury claim.
However, just because an injury occurred in the workplace does not necessarily mean that it is covered by workers' compensation or that the victim cannot file a personal injury claim. It depends on who caused the accident and the circumstances around the accident. For example, if an employer intentionally injures an employee, that incident may be not covered by workers' compensation. If the accident was caused by a third party such as an equipment manufacturer, the victim may be entitled to workers' compensation benefits and may also have the right to sue the equipment manufacturer for additional compensation.
Contact the Law Offices of Stephen Bilkis & AssociatesThe moments immediately after a workplace injury, particularly a serious injury may be confusing. However, it is important that the proper steps are taken to preserve your rights under New Yorker workers' compensation law. It is therefore critical for you to contact an experienced workers' compensation attorney who can discuss the facts of your case with you and determine a course of action that will give you the best possible result. The staff at the Law Offices of Stephen Bilkis & Associates has experience handling workplace injury cases and workers' compensation claims. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.