Workplace Safety Attorney
Federal laws mandate that employees have the right to a safe workplace environment. A safe workplace is one that is free from unreasonable risks of harm, such as toxic substances, fall hazards, ergonomic issues, unguarded machinery, unsafe scaffolds, and biological hazards. There are several organizations that impose safety standards on the workplace. The Occupational Safety and Health Administration (OSHA) is one of the biggest supporters of employee rights. If employers fail to fulfill their duties under federal law, serious accidents can occur. Pazer, Epstein, Jaffe & Fein, P.C., helps injured employees pursue recovery through the NY Workers’ Compensation system and/or personal injury lawsuits.
About the New York State Workers’ Compensation Program
After a workplace injury, you may not know what steps to take to receive compensation. Stay calm, and work with your employer to solve the issue. Your employer should have information about the company’s workers’ compensation insurance policy and how to file a claim. If you have questions about your legal options and rights as an injured employee, talk to an attorney. Arming yourself with legal representation can be a wise idea in the face of catastrophic workplace injuries or serious illnesses. Here are a few facts about workers’ comp in New York:
- All employers in the State of New York must provide workers’ compensation coverage for all employees. This includes farm workers, domestic workers, public school teachers, and corporate officers.
- An injured worker must obtain medical treatment and notify his/her supervisor of the accident as soon as possible. The maximum amount of time an employee can take to notify a supervisor is 30 days after the accident.
- Except in an emergency situation, all medical care for a work-related injury must go through an authorized healthcare provider. The Workers’ Compensation Board will name these providers in a list your employer should have on hand.
- The employee must file a claim with the Board on Form Employee Claim within two years of the accident or discovery of the injury or illness. Failure to file the claim within the deadline can result in loss of right to benefits.
- Benefits for a workplace injury in NY include full coverage for medical expenses, disability payments, partial lost wages, supplemental benefits, Social Security benefits, and death benefits in the event of a fatal workplace injury or illness.
Dealing with a workers’ compensation claim in New York City is no walk in the park. You must fulfill strict filing requirements and deadlines, as well as handle communications with your employer’s insurance company. You may find yourself at the receiving end of a bad faith insurance deal, where the company offers less than what your injuries are worth or denies your claim altogether. If this happens, talk to an attorney as soon as possible.
Workers’ Compensation Is Not Your Only Option
In many cases, a workplace accident stems from negligence. If you suspect negligence played a role in your injuries for any reason, talk to a lawyer before you file for workers’ compensation benefits. You may have grounds for a personal injury lawsuit instead of or in addition to workers’ comp. Maximizing your financial recovery may require a civil claim against your employer, a product manufacturer, or another party. To hear your legal opportunities following a workplace accident in NYC, contact us and request a free consultation.