Suffered a Work-Related Injury in New York? What You Should Do Next

A workplace injury can derail your life in an instant. Knowing what to do next is critical, whether you have slipped on a wet floor or been hurt by malfunctioning equipment. Acting quickly can mean the difference between receiving the benefits and compensation you deserve and missing out entirely.

If you have suffered an injury on the job in New York, a work-related injury lawyer in New York can guide you through the claims process, protect your rights, and help secure the maximum compensation available under the law. Read further to learn what you should do next.

Understanding Work-Related Injuries in New York

New York law defines a work-related injury as an injury or illness that arises “out of and in the course of employment” (NY WCL § 2). This includes physical harm, occupational diseases like chemical exposure, and even psychological conditions caused by work-related stress. For example, repetitive stress injuries from tasks like typing or lifting heavy objects often fall under this definition.

Common Cause of Workplace Injuries

The causes of work-related injuries in New York vary widely. Some common causes include:

  • Slip-and-falls: Often caused by wet floors or cluttered walkways.
  • Machinery accidents: Injuries from malfunctioning tools or heavy equipment.
  • Chemical exposure: Harm from dangerous substances like asbestos or cleaning chemicals.
  • Falling objects: Injuries from unsecured tools or materials.
  • Repetitive stress injuries: Problems like carpal tunnel syndrome or back strain from repeated movements.

Employer Responsibilities For Work-Related Injuries

Under New York law, employers have a legal obligation to maintain a safe workplace. In addition, virtually all employers in New York must carry workers’ compensation insurance (NY WCL § 10) to cover work-related injuries that occur to their employees.

Employers in New York must also comply with safety standards set by The Occupational Safety and Health Administration (OSHA) to minimize the risk of injuries to their employees. Failure to meet these obligations can result in penalties and potential legal liability.

Steps to Take After Suffering a Work-Related Injury in New York

After suffering a work-related injury, it is natural to feel overwhelmed. From seeking medical attention to filing an injury claim, the process can be overwhelming. But acting quickly and following the right steps can protect your health, rights, and financial stability.

Here is a list of steps you should take after a work-related injury to protect your rights and secure the compensation you deserve:

Step 1: Report the Injury Immediately

The clock starts ticking as soon as you sustain an injury at work. Under New York Workers’ Compensation Law (NY WCL § 18), you have only 30 days to notify your employer of the incident. Failing to report the incident within this timeframe can result in the denial of any worker’s compensation benefit you would be entitled to, even if the injury later turns out to be serious.

When reporting your injury, do the following:

  1. Notify your supervisor immediately.
  2. Provide a detailed account of what happened, including the date, time, and location of the accident.
  3. Document everything in writing and keep a copy for your records.
  4. If your employer offers an incident form, use it to ensure you include all the necessary details.

Step 2: Seek Medical Attention

Getting medical care should always be your top priority after reporting the injury. Not only is it essential for your health, but it also creates official medical records that support your workers’ compensation claim.

In New York, injured workers must seek treatment from a healthcare provider authorized by the Workers’ Compensation Board (NY WCL § 13-a). Using an unauthorized provider could jeopardize your benefits.

When visiting the doctor, be honest about your symptoms and how the injury occurred. Keep all medical bills, prescriptions, and records—they are crucial for your workers’ compensation claim.

Step 3: File a Workers’ Compensation Claim

Once you have reported your injury and sought medical care, it is time to file your workers’ compensation claim. In New York, this involves completing Form C-3 (Employee Claim Form) and submitting it to the Workers’ Compensation Board. Your employer must also file Form C-2 (Employer’s Report of Work-Related Injury/Illness) within 10 days.

Workers’ compensation benefits can include:

  • Medical expenses: To cover medical treatment, prescriptions, and surgeries.
  • Wage replacement: To provide partial income replacement while you are unable to work.
  • Rehabilitation costs: To cover the cost of physical therapy and other necessary treatments.

You must file your New York workers’ compensation claim within two years of the date of the injury or the discovery of an occupational illness (NY WCL § 28). Missing this deadline can result in a loss of benefits you would otherwise be entitled to receive

Step 4: Consult an Experienced Work-Related Injury Lawyer in New York

Some employers retaliate against workers who file work-related injury claims, while insurance companies often try to minimize their payouts. An experienced work-related injury lawyer in New York can ensure that you are treated fairly and fight to ensure you receive all the benefits and compensation you are entitled to. Your attorney will handle all the legal paperwork, deal with the insurance companies, and represent you in any legal or administrative hearings related to your work-related injury claim.

Who Is Entitled to Workers’ Compensation Benefits in New York?

Most workers classified as employees under New York law are entitled to workers’ compensation benefits. This includes full-time, part-time, and seasonal workers. Even undocumented workers are eligible for coverage as long as the injury occurred on the job.

On the other hand, independent contractors and freelancers typically do not qualify for workers’ compensation benefits. However, misclassified employees may still be eligible for workers’ compensation benefits if they can prove their employer treated them like employees.

What If I Do Not Qualify for Workers’ Compensation Benefits?

You may still have legal options if you do not qualify for workers’ compensation. For example, you may be eligible for one or more of the following:

A Third-Party Liability Claim

You may be entitled to file a third-party liability claim against the party responsible for the conditions under which your injury occurred. These claims can cover damages like pain and suffering, which workers’ compensation does not cover.

Common examples include claims against the following parties:

  • Contractors or subcontractors: For unsafe practices on a shared job site.
  • Equipment manufacturers: For defective machinery or tools.
  • Property owners: For hazardous conditions at a work location.

Under New York Labor Law § 240 (commonly known as the “Scaffold Law”), workers injured in falls from heights may sue property owners or contractors for negligence. This law provides robust protections for construction workers.

A Negligence Claim Against Your Employer

In most cases, workers’ compensation does not allow you to sue your employer. But in some rare instances, you may be able to sue your employer directly. This typically happens when an employer is grossly negligent, intentionally caused harm, or fails to carry the required workers’ compensation insurance.

A Claim for Other Benefits

Finally, if workers’ compensation is not an option, you may qualify for other programs. For example, Social Security Disability Insurance (SSDI) can provide financial assistance if your injury prevents you from working. Speaking with a work-related injury lawyer in New York can help clarify your options.

Contact a Work-Related Injury Lawyer in New York

If you have suffered a work-related injury in New York, do not wait to take action—every step, from reporting the injury to filing a claim, matters. Consulting a lawyer early on can make all the difference in securing the benefits and compensation you deserve.

The right lawyer will have spent years helping injured workers in New York. They will understand the challenges you face and have a proven track record of success in work-related injury claims. Contact a work-related injury lawyer in New York today for a free consultation, and take the first steps to get your life back on track.

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