Across the United States, there are numerous jobs with various degrees of risk. Some of those jobs are dangerous and can lead to a myriad of injuries that can impact a person’s future and affect his or her ability to make a living. Even office jobs come with a degree of danger. Workers’ compensation was implemented to protect workers from overwhelming medical bills and the financial burden of lost wages. It also protects the employer from lawsuits based on injuries. In some cases, you may be able to file a lawsuit against a third party who supplies equipment to a work site. If you have been injured on a worksite, you need to understand your rights and exercise them whenever possible. If you need quality legal services, contact The Law Offices of Daniel A. Kalish to protect your future.
Workers’ compensation explained
Workers’ compensation is insurance that helps workers who have been hurt or become ill because of their job by providing financial support for lost wages and medical bills directly after an incident. Workers’ compensation protects employees and employers. An employee who files a workers’ compensation claim is prohibited from taking legal action against his or her employer. Financial support is paid by the insurance provider of the employer. The Workers’ Compensation Board processes claims and directs insurance companies on how to proceed. If a worker is found to be at fault for his or her injury, they could be denied a claim and the financial support that comes with it.
If the insurance company and employer agree that the injury should be covered under workers’ compensation, they will pay the claim. If there is a dispute, a workers’ compensation judge will decide who is right. If a dispute continues on for too long, the worker could be eligible for disability benefits to ease the financial burdens until the case is resolved. That compensation may be taken from future awards if the case is approved.
You may return to work in an alternate capacity until you heal. If your injuries prevent you from doing your previous job and earning the same pay, you may return to work and recoup 2/3 of the difference.
The claim process
If you are injured on a job, you should immediately seek medical attention. Not only does in benefit the injured, it helps document the injury for the workers’ compensation claim. The supervisor should be notified and the employer within 30 days of the incident. The employee has two years to file a claim of workers’ compensation. Within 2 days of the incident, a doctor will complete a medical report and send it to relevant parties. Within 10 days of the claim, the employee will report the injury to the Board and insurance company. Within 14 days of receiving the employee’s report, the insurance company will contact the injured party and offer them a written statement detailing their rights and whether or not the claimant must use a network of health care providers for diagnostic tests. Payment should begin within 18 days of the report if lost time exceeds 7 working days. Payments should continue every 2 weeks and the insurer must notify the Board if payments stopped or were modified and why. At this point, a doctor will submit a progress report every 45 days. After 12 weeks, the insurer will decide if further rehabilitation is necessary.
Third-Party lawsuits and liens explained
Sometimes, a worker’s injuries are the result of the negligence of a third-party. In some cases, a property owner or the company that supplies the worksite with safety equipment are liable for injuries sustained on the job. When this happens, a worker may be able to recover damages based on the negligence of another. If you do recover damages from another party and you have filed a workers’ compensation claim, you must reimburse your employer. Your employer is responsible for paying you whether or not another party was negligent. If you recover damages, your employer and insurance company will issue a lien against your awards to recover the money they spent to assist you.
Contact a White Plains attorney if you are injured on the job
The Law Offices of Daniel A. Kalish represent the interests of clients who have been injured on the job in White Plains, the Bronx, Westchester County, and all over the New York metropolitan area. If you have been injured on the job, you need an attorney that will work to see that you are justly compensated for your injuries, whether that is through a workers’ compensation claim or a lawsuit against a third-party. If you need our legal services, don’t hesitate to contact The Law Offices of Daniel A. Kalish today.