Workplace Injury: A 3 Step Process To Winning Your Claim

Workplace injuries can be an intimidating situation. Not only because of dealing with the injury itself, but also because there is a process to be followed to ensure you receive compensation from worker’s insurance in the correct amounts and the correct times. In New York workplaces are required to maintain safe working conditions and if an injury is the result of negligence then an experienced personal injury attorney can help protect your rights throughout the whole process. There are some jobs like the construction industry where injuries and unsafe and injury prone workplace conditions are more common, but the most common injury is a trip or slip and fall which can happen in virtually any workplace.

Step one: Getting the proper first aid care

Immediately following the injury it is most important to receive an on-site first air medical evaluation. Even if it was a seemingly minor injury, there is no injury that should not be looked at, and caution should be taken until the full extent of the damage is known.  Then within the first 2 days a full examination should be completed by an approved medical professional. When meeting with the doctor make sure to document the scenario surrounding the injury and how it happened. Sometimes insurance companies or employers start to apply pressure early on for unnecessary psychological tests, multiple drug tests, second or even third evaluations from different doctors. In most cases, these are not only unnecessary but wrong and you are not obligated to do these.

Step two: Reporting accident to your supervisor

In New York, there is a 30 day limit in which the injury must be reported to the supervisor to qualify for worker’s compensation. Documenting and reporting every detail possible is essential to establishing your case for the worker’s compensation and prevent insurance companies from taking advantage of you or doing smaller payouts than normal. Then the employer will provide a written statement within 2 weeks of the rights entitled under workers comp. Medical expenses and missed wages are included under the insurance policy. If more than one week is missed following the injury the payments but begin immediately after unless there is a  dispute.

Step three: Following up

As the claim is being processed and your recovery is on its way, there will be some procedural tasks that must be completed.  Paperwork, signatures, attending hearings, and of course improving your medical conditions. Insurance companies are known to be complicated with an interest in reducing claim payouts. A local personal injury lawyer in NY that is familiar with the policies and laws can be extra useful at this time. Trying to go up against employers and insurance companies is daunting and should not be done alone.

If you are an independent contractor or another type of worker who is not covered by worker’s comp insurance then there are still options to receive compensation. Third-party claims and personal injury claims are the most common. And a similar process with the assistance of your attorney should be followed.

This publication was proudly brought to you by one of the top local personal injury lawyers with two offices in Brooklyn. If you have experienced a workplace injury you can schedule a free consultation: Ribowsky Law.

to call or visit one of their two locations:

333 Stanley Ave, Brooklyn, NY 11207. (347) 292-7353

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