If you have suffered a workplace injury or illness, you may be eligible for workers’ compensation benefits. Workers’ compensation benefits include both monetary benefits and medical care. Your claim must be filed with the New York State Workers’ Compensation Board to ensure your rights are protected. Workers are covered for accidental injuries and occupational diseases. The partners at Miller & Caggiano, LLP, have dedicated their 30-plus years of practicing law to assisting clients in understanding their rights when it comes to these types of cases.
What You Need To Know About Certain Injuries
A work-related injury or illness occurs during the course of your employment and is related to your job duties. Some of the most common examples of work-related injuries are physical injuries from lifting heavy objects, falling from a ladder, trip-and-fall, or being hit by machinery. Injuries sustained in a motor vehicle accident while in the course of employment are also considered to be work-related. This includes rideshare services such as Uber and Lyft.
An occupational disease is a medical condition that is a direct result of the very nature of one’s work. Some of the most common examples of occupational disease resulting from airborne irritants in the workplace would be respiratory diseases such as asbestosis, silicosis, asthma and occupational cancer. Also grouped into the occupational disease category would be repetitive stress injuries such as carpal tunnel syndrome, cubital tunnel syndrome, and occupational arthritis or tendonitis in major joints such as knees and shoulders.
Heart attacks and strokes have also been deemed as compensable conditions under the law. However, there are many different factors to consider when evaluating the compensability of a heart attack or stroke claim. As many workers’ compensation claims can involve complicated issues and questions that are further bogged down by the workers’ compensation insurance carriers, we would encourage legal representation in all matters as soon as you have knowledge of an injury or illness.
Giving You Answers When You Need Them
The New York State workers’ compensation law is hyper-technical and at times complicated. The complexity of navigating your claim leads to many questions. Some questions we address to our clients include:
When Seeking Medical Care, Do I Get To Choose My Own Doctor?
As long as the doctor is coded by New York State to treat patients for work related injuries you can choose your doctor. We do stay involved with guiding you to the medical specialist that would be necessary to successfully pursue your claim.
Can I Be Fired For Filing For Workers’ Compensation?
There are many factors to consider when determining whether your employer is within their right to terminate you while you are out due to a workplace injury. Certain union contracts, along with Civil Service Law, serve to protect your position for a set period of time before you can be terminated. If you are not a union employee or not subject to civil service law, you can be terminated at will in the State of New York.
What Are Common Examples Of Workplace Injuries?
We have handled cases of all shapes and sizes. We’ve seen everything from hairline fractures to debilitating spinal injuries. Lifting heavy objects accounts for a large number of claims along with injuries sustained in a car accident in the course of employment. No matter what you are facing, we are here to be your strongest advocate.
How Long Do I Have To File A Claim?
It is best to act sooner rather than later. You must report your accident to your employer within 30 days. However, you have two years from the date of the accident to file a claim with the New York State Workers’ Compensation Board. For occupational disease claims you have 2 years from when you knew or should have known that the occupational disease was work-related. Many work-related injuries can result in lost time from work exceeding one year. If you expect to be out of work for one year or longer it is advisable to apply for Social Security Disability benefits, which we can help you with.
Take Immediate Action After A Workplace Accident
While every case is different, there are general guidelines you should follow after a workplace accident. They include:
- Notify your employer immediately of the injury. The notice must be done within 30 days, and it is recommended the notice is in writing, so there is a record of the injury.
- Seek medical attention immediately and make sure to advise your doctor or hospital staff that they are seeing you for a work-related injury.
- Call an attorney who specializes in New York State workers’ compensation benefits.
- File a claim with the New York State Workers’ Compensation Board. The form to submit to the Board is Form C-3 Employees Claim.
- Do not speak to anyone other than your doctor or attorney regarding your claim.
Make sure you get the representation you deserve. We have offices in Bohemia and Garden City for office appointments but serve clients throughout New York State. We are happy to accommodate and provide virtual appointments for your convenience. Call today to schedule a free initial consultation at 866-26-FIGHT. You can also email us by clicking here.