When someone is injured while working they are generally entitled to benefits from the employer's workers' compensation insurance program. This is the case regardless of the type of accident is involved. For example, common workplace accidents are slip and fall accidents, chemical burns, and truck accidents. Workers' compensation benefits will cover the victim's medical expenses and will replace a portion of the victim's lost wages. However, compared to damages available from personal injury lawsuits, the compensation available from workers' compensation claims is limited. If you are in need of an injury lawyer because you were seriously hurt immediately contact an experienced Nassau County personal injury lawyer who will review the details of your case and help you receive the maximum compensation to which you are entitled under workers' compensation and personal injury law.
New York workers' compensation lawUnder New York workers' compensation law employees who are injured in the workplace are entitled to benefits including payments for medical care and lost wages. The benefits are available not only in cases of employees injured in the workplace due to accidents such as falling down or being hurt by equipment. It is also available to employees who become ill because of exposure to hazardous substances over a period of time.
If you are injured at work, in order to receive workers' compensation benefits you must seek medical treatment from an approved provider, report your injury or illness to your employer, and file a claim with the Workers' Compensation Board.
Here are just a few examples of the common causes of workplace accidents:
Under New York law workers' compensation benefits are the "exclusive remedy." Generally speaking, this means that if an accident is covered by workers' compensation then the injured victim has the right to benefits under workers' compensation insurance, and does not have the right to pursue compensation in any other way such as through a personal injury lawsuit. Workers' compensation benefits includes medical coverage and cash payments equal to approximately 2/3 of the injured worker's average weekly wages. In instances where the victim's injuries are expected to last for an extended period of time the victim may be entitled to Social Security disability benefits. In the case of an employee who was killed in the workplace, the family would be entitled to death benefits.
Despite the exclusive benefits aspect of New York's workers' compensation rules, there are exceptions to the exclusive benefit rule. For example, if a third party was on the premises and negligently caused the accident in which the victim was injured then it is possible that the victim would be legally entitled to workers' compensation benefits as well as pursuing legal action against the third party for additional compensation.
There are also instances in which despite the fact that the accident was work-related, workers' compensation benefits are not available. For example, if the employer intentionally injured the victim, then workers' compensation may not cover the incident. If the employer did not have the requisite workers' compensation insurance, then the benefits would not be available to the injured victim. In both of these instances the victim would have the right to sue the employer for compensation for medical expenses, lost wages, and pain and suffering. If the employee died as a result of the negligent act, then the family would have the right to pursue damages in a wrongful death lawsuit.
Contact the Law Offices of Stephen Bilkis & AssociatesJust because you were injured at work does not automatically mean that your claim for benefits will be approved. It also does not mean that you are barred from receiving compensation above benefits offered by workers' compensation. Workplace accident claims are complex. Experienced representation is required. To ensure that your legal rights are protected, it is critical that you contact an attorney with experience. The staff at the Law Offices of Stephen Bilkis & Associates has experience successfully representing victims seriously injured in workplace accidents. Contact us at 800.696.9529 to schedule a consultation regarding your case. The consultation is free and you have not obligation to hire. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.