Long Island Workers Compensation
New York’s workers’ compensation system is designed to ensure that workers injured on the job receive benefits. Some describe the workers’ compensation system as a “no-fault” system because in general, as long as the employee was injured at work, that employee is entitled to compensation regardless of fault. In many cases workplace injuries occur when a worker falls, when a worker is hit by falling boxes or flying debris, is injured in a vehicle accident which working, or develops a respiratory condition from inhaling airborne chemicals over a period of time. Eligibility for workers’ compensation benefits is not based on being on your jobs premises when the accident happens, but is based on whether you were in the course of working when the accident occurred. If you were injured at work, it is important that you immediately contact an experienced Long Island personal injury attorney who will review the details of your work injury case and help you receive the benefits and compensation to which you are entitled.New York workers' compensation law
Under New York’s workers’ compensation law, workers injured at work in slip and fall accidents, crane accidents, scaffold accidents and other types of accidents are entitled to medical benefits and wage replacement. If you suffer a work-related illness such as illnesses from exposure to toxins, infections and asthma, you may also be entitled to workers’ compensation benefits. New York employers are required to offer this benefits to employees in exchange for employees waiving the right to file personal injury claims. In other words, in general, if an accident is covered by workers’ compensation you are not also allowed to file a personal injury lawsuit.
Examples of common types of workplace accidents include:
- Slip and fall accidents. While slip and fall accidents can happen in any type of workplace, they happen frequently at construction sites. Because construction workers often work on scaffold and at other high elevations, the injuries tend to be particularly serious.
- Car, truck or bus accidents. Construction jobs, delivery jobs and many others involve regular driving of cars, trucks, buses and other vehicles.
- Exposure to hazardous substances. Workers at construction sites, factories and laboratories are susceptible to chemical spills and inhaling toxins.
- Injury from faulty, defective, or dangerous equipment. These types of injuries could lead to workers’ compensation claims as well as product liability claims.
- Violence on the job. Violence in the workplace is widespread, particularly assaults.
While workers’ compensation benefits are available to victims of covered accidents, the claims process must be followed in order for victims to receive benefits. Benefits include medical benefits, lost wages, vocation training and death benefits. In order to receive benefits you must:
- Seek medical treatment
- Inform your employer of accident in writing within 30 days
- File a claim with the Workers’ Compensation Board within 2 years
Failure to follow this procedure may result you losing your right to receive workers’ compensation benefits. Even if you follow the procedure, it is possible that your employer will deny your claim for a variety of reasons. You have the right to appeal a denial.Contact the Law Offices of Stephen Bilkis & Associates
Even though the law gives employees the right to receive workers’ compensation benefits if they are injured at work, there are rules and procedures that must be followed in order to receive such benefit. It is therefore critical for you to contact an experienced workers' compensation attorney who will review your case 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 years of experience successfully handling workplace injury cases and workers' compensation claims. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) 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.