Will There Always Be a Workers’ Compensation Hearing?
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So you have been injured in a workplace accident and you’ve prepared and filed a claim for workers’ compensation. Will you be required to attend a hearing before the Workers’ Compensation Board? If not, what is the purpose of a hearing and why are they scheduled?
What Does It Mean to Be Permanently Disabled for Workers’ Compensation Purposes?
When you’ve been hurt on the job and have qualified for workers’ compensation benefits, one of the goals will be to provide you with compensation and payment of medical expenses until you have fully recovered. But what happens if your injuries are permanent, such that you either can’t return to work at all, or can only return to work with some limitations on your ability to perform your former job? Are you entitled to workers’ compensation for the rest of your life?
Astoria, Queens Workers Comp Lawyers
New York City | Brooklyn | Bronx Workers’ Compensation Lawyers
If you have been injured at work and you need to file a workers’ compensation claim, here are some basic questions to ask to ensure you get the representation you need:
Third Party Claims for Work-Related Injuries
You’ve been hurt on the job. Maybe you were in a car accident while performing the duties of your employment. Maybe you slipped and fell, or were hurt when a machine or tool malfunctioned. Your first course of action will likely be to file a workers’ compensation claim. Under New York law, when you’ve been hurt on the job, you have a right to seek benefits through such a claim.
But is that your only recourse to recover compensation? Not necessarily.
An Overview on Workers’ Compensation Queens, NY
In Part One, we talked about the origins of the workers’ compensation laws, as well as the basic framework–workers’ compensation essentially works as insurance that provides medical, wage and potential cash benefits to injured workers. In this blog, we’ll talk about fault and what you should do immediately following a workplace injury.
The New York Workers’ Compensation System is a No-Fault Law
Under the New York workers’ compensation program, it doesn’t matter who caused the accident—all that is required is that you were injured while working. Accordingly, even if it was your negligence or carelessness that caused the accident, you are still entitled to compensation. If your injuries are intentionally self-inflicted, you were intoxicated at the time the injury or you were performing tasks unrelated to your job at the time of the injury, you may not be eligible for benefits.
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The Workers’ Compensation Board Ruled Against You—Now What?
You got hurt on the job and it seemed like an open and shut case—then the workers’ compensation board ruled against you. Now what do you do? What are your options?
If you receive a decision that seems inconsistent with the facts, that you feel is unjustified, there are a number of different levels of appeal:
You’ve been injured at work, notified your employer and filed a workers’ compensation claim. You’ve received notice that you must submit to a physical examination by a doctor chosen by the workers’ compensation insurance company or by your employer. What’s the best strategy for how to handle this exam?
First and foremost, it’s important to be as honest as possible. Don’t exaggerate or minimize the impact of the injury. Be specific about what limitations the injury places on you. If you are still able to perform many of the daily tasks in your life, admit that. If you overstate the impact of your injury and the workers’ compensation insurance company sends out a private investigator who videotapes you doing things you said you couldn’t do, your claim will likely be completely rejected.
Don’t Think That Your Injury is Too Insignificant for a Workers’ Compensation Claim
There’s a tendency, when you are injured on the job, to believe that your injury must be serious and catastrophic before you should contact a workers’ compensation lawyer or file a claim. That’s not necessarily true. You may have minor injuries that don’t keep you from doing your job that simply heal and go away. But there are also what are known as consequential injuries—injuries that do not occur at the time of the accident, but arise because of some injury you suffered at work. If those consequential injuries prevent you from doing your job or limit what you can do, you have a right to workers’ compensation benefits. Let’s look at an interesting case we handled.
New York City | Queens | Brooklyn | Bronx Workers’ Compensation Lawyers
A question we frequently get from prospective clients has to do with whether or not an employer can be sued in court for a personal injury suffered on the job. The answer, as is often the case, is that it depends.
If your employer had a valid policy of workers’ compensation insurance, as required by law, you cannot file a lawsuit for a personal injury, even if the employer was clearly at fault. That’s the purpose of workers’ compensation insurance. Under the workers’ compensation laws, if your employer has workers’ compensation insurance, your only recourse for wrongful acts by your employer or a co-employee are through a workers’ compensation claim.
What Are Consequential Injuries in a Workers’ Compensation Case?
So you’ve been hurt at work…maybe you hurt your knee or your hip. Because of the injury, you start to have other physical problems. You might have back pain or joint or muscle pain in your other leg because you are favoring the injured leg. You may experience depression because you’ve lived an active lifestyle and now find yourself stuck in a chair all day.
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