Workers’ compensation is a form of insurance meant to aid workers to have the necessary financial support as they recover from on-the-job accidents or occupational illnesses. Therefore, it is an insurance policy that becomes active if you sustain an injury at work. It is designed to cover a long-term disability benefit, but only if you submit your claim. If you are thinking of filing your claim after sustaining a work-related injury, at Cellino Law we have experienced Yonkers workers compensation lawyers who can assist and advise you according to how to prepare and submit the right paperwork to ensure you receive the compensation you deserve.
The federal and state law requires every employer to provide workers’ compensation benefits to the staff through purchasing insurance or self-insuring. New York state has a formula used for setting these benefits, including medical care, lost income, and leave attributed to injuries or medical issues. But while the laws are in place, many employees are frequently denied their rights to the workers’ benefits for job-related injuries and illnesses. If you experience this from your employer, call our personal injury attorneys in Yonkers to assist you in pursuing your legal rights and ensure you get the compensation you are rightly owed.
What Injuries Qualify For Workers Compensation In Yonkers?
If you get injured on the job, you should be aware of what is covered under the workers’ compensation laws in NY. Keep in mind that there are strict guidelines that govern these rules, and you and your employer are required to adhere to them when it comes to pursuing workers’ rights. That means you might not always qualify to seek compensation or benefits when you suffer an injury or illness at work.
The nature of the accident that led to your injuries or falling ill should be within any of the categories listed below if you are covered under the New York State’s workers’ compensation laws.
- Your employer must have and provide workers’ compensation coverage as mandated by the New York State Laws.
- The injury or illness you suffer should be attributed to the accident which occurred when working, meaning the incident directly relates to your job role or employment.
- Issue a written note to your employer notifying them of the accident, which leads to your injury or illness; this must be done within thirty days from the date the incident took place at work.
- You must provide medical reports that show the nature of your illness, injury, or disability that supports your claim that the accident that happened because of the nature of your job or workplace conditions was the direct cause.
Unfortunately, employers and their insurance providers can dispute incidents that might seem to qualify for workers’ compensation. Hence, you will need strong support in the form of the evidence you provide, which must include your medical reports to justify your claim and receive the maximum compensation.
Can You Lose Your Job Because Of Filing A Workers’ Compensation Claim?
Everyone has certain unalienable rights that must always be protected. Some of them stand unchanged when you are injured or fall ill at work. For instance, your employer should not fire you when you are sick, injured, or disabled by a work-related incident. They must keep your job position open. Therefore, that is a legal right that can be secured as stipulated in the Medical and Family Leave Act. It ensures employees are entitled to receiving unpaid leave amounting to roughly twelve weeks in value and paid over twelve months after being diagnosed with a severe injury or medical condition.
Moreover, the employer cannot fire the staff member for filing workers’ compensation claims. And a prospective new employer does not have the right to ask potential employees if they previously have had any workers’ compensation case.
It is wise to stay in communication with your employer when you are involved in an incident that renders you unable to work. Make sure that your employer is aware of your medical status and when you could return to work. It is a measure that ensures your employer is up to date with what you are experiencing and when you will be back; thus, your job position can stay open.
How Can A Yonkers Workers Compensation Lawyer Help Me File A Claim?
The New York State law gives guidelines for the workers’ compensation claims process that must be followed. Keep in mind that this can vary depending on the nature of the circumstances surrounding your situation. That is why we highly recommended working with a skilled compensation lawyer when filing your claim. Call our Yonkers injury firm today to schedule a free consultation and learn more about how we can help and learn about your options and legal rights.
Seek medical care immediately after your accident and then inform your employer of how the events occurred, leading to your injuries or illness. Provide your employer with a written notification within thirty days from when the incident happened. You must complete Form C-2 (Employee Claim) within two years from the accident date and email it to the local workers’ compensation district office.
After informing your employer of the accident through a written notice, you should report the same matter to their insurance provider and the workers’ compensation claims board by filling the Employer’s Report of Work-Related Illness or Injury, which should be within ten days. The insurance adjuster should issue you a written statement within a fortnight of getting the Employer’s Report, stating your rights as stipulated under the state’s workers’ compensation laws. Then the insurance company will start paying you the benefits within eighteen days of receiving the report if the claim was approved within seven days.
You should expect your benefits to come directly from the employer’s insurer every fourteen days once your workers’ compensation claim has been approved. But remember that your doctor or healthcare provider must send reports of your medical progress to the board every forty-five days. The insurance providers will determine if you are to receive rehabilitative treatment depending on the nature of your injuries and if you are still recovering after twelve weeks.
What You Should Know About Workers’ Compensation Hearings And Appeals
After filing the workers’ compensation claim, your employer’s insurance provider might accept or discredit it, contest part of it, and issue your benefits after they (your employer or their insurance company) agree that the injury, disability, or illness is work-related. Suppose the insurer or employer disputes your claims. In that case, you might not get your benefits until the case is presented before a Workers’ Compensation judge to weigh in on the matter and determine which party is right.
The Workers’ Compensation Board could opt to have the matter heard by the appropriate judge who will determine the validity of your claim and the duration and amount of compensation you are to receive.
If you or your employer do not find the ruling favorable, you have the right to appeal the court’s decision within thirty days from the judge’s ruling. If the appeal is granted, a three-board member panel will be appointed to review the matter. The board can do the following:
- Rescind the first ruling
- Amend the judge’s decisions
- Reopen the case to another judge based on new or ongoing development.
If the three-board member panel fails to reach an agreement on the matter, you could apply for a comprehensive board review to confirm, change, or rescind the judge’s ruling.
Appealing the decision of the three-board member panel must be done within thirty days. It must be presented to the Third Department of the Appellate Division of the New York State Supreme Court. And the Appellate Division’s ruling can also be appealed to the Court of Appeals.