If you have slipped on a wet floor, loose equipment, or ice during your shift, you should know that similar slip-and-fall accidents frequently happen in workplaces across New York. Since these incidents can leave you injured, unable to work, and facing various other challenges, you should be exploring workers’ compensation benefits.
As a workers’ compensation attorneys in New York, Pyrros, Serres & Rupwani explains this process so that you can better uphold your rights after sustaining a workplace injury.
Learn More About Making a Workers’ Compensation Claim in New York
The United States Bureau of Labor Statistics reported 138,900 nonfatal workplace injuries and illnesses in New York in 2022, so these incidents are common across the state. Workers’ compensation gives employees protection when they suffer injuries while performing job-related duties. The state’s no-fault coverage emphasizes its intent to protect New York’s injured workers as much as possible.
The idea is to make it possible to access benefits regardless of who the law considers at fault for the accident, provided your injuries were sustained while performing your job. The state might apply reasonable exceptions regarding intentional self-inflicted injuries or intoxication. However, for the average worker who is injured in New York, coverage should apply to expenses like doctor visits, surgeries, and medications.
If your injury prevents you from working or causes a disability, wage replacement benefits may also apply. Workers’ compensation benefits typically include temporary disability payments or permanent disability compensation for lasting injuries. The amount may depend on factors like your average weekly wage and the severity of your injury.
What Causes Workplace Slips and Falls?
There were 1,035.6 injury visits per 10,000 people who went to hospital emergency departments between 2017 and 2018. The same CDC report also confirms that unintentional falls were a leading cause of nonfatal injuries nationwide in 2019. Several hazardous conditions in New York workplaces may lead to slip-and-fall accidents, including:
- Wet or slippery floors from spills, leaks, or recent cleaning without proper signs
- Poor lighting in hallways, stairwells, or work areas making hazards difficult to see
- Uneven walking surfaces, including cracked floors, loose tiles, or damaged carpets
- Clutter like boxes, cords, or equipment blocking safe passage
- Icy outdoor areas near building entrances or parking lots
- Missing or damaged handrails on stairs and ramps
Given the real risk of a fall happening at work, your employer in New York has a legal responsibility to maintain safe working conditions.
Immediate Steps After a Workplace Slip and Fall
If you plan to claim workers’ compensation in New York, taking the right actions immediately after your slip-and-fall accident is important. Health is your first priority, so seek medical attention for all potential injuries. A concussion or internal trauma injury does not always show up immediately but will require a proper medical evaluation.
Documenting your injuries may become crucial evidence for your claim. After seeing a doctor, report the accident to your supervisor or employer immediately, preferably in writing. New York claims may require a copy of this notification, and the sooner you acquire it, the easier it should be to demonstrate that you met the legal deadlines.
If you’re well enough, you should also photograph the accident scene, documenting any hazardous conditions that caused your fall. Note the time, date, exact location, and details of the incident. Lastly, record the contact information for anyone who witnessed your incident.
How To File a Slip-and-Fall Claim in New York
Beyond notifying your employer about your injury within 30 days of the accident, filing a workers’ compensation claim in New York involves several steps. Your employer, or a attorney can provide you with Form C-3, (an Employee Claim form), which should accurately include all the relevant details about how your injury occurred. Your legal representative can assist you with completing and submitting C-3 form to the New York State Workers’ Compensation Board.
In New York, injured workers must typically file their claims within two years of their accident dates. Your employer’s insurance carrier may investigate your claim, including requesting additional information or medical records. During this time, continue to follow your doctor’s treatment recommendations and keep meticulous records of all your medical appointments.
Once received, the Workers’ Compensation Board should review your claim. If denied, you have the right to appeal the decision. Consulting your workers’ compensation lawyer in New York can provide guidance and support during this process.
Common Challenges When You Make a Workplace Injury Claim in New York
Many injured workers face obstacles surrounding workers’ compensation in New York.
For instance, the insurance company may dispute your claim by arguing that your injury didn’t occur at work or wasn’t as severe as you claimed. The carrier might also argue that a pre-existing condition caused your injuries rather than the workplace accident you reported.
Even approved claims sometimes face processing delays, which may leave you without income while you recover. Your benefit amount may also face disputes if an insurance carrier calculates your amount incorrectly or underestimates the severity of your disability. Considering these challenges, having thorough documentation becomes essential.
Protect Your Rights After a Fall at Work With a Workers’ Compensation Attorney in New York
A legal representative can advise you at every step, negotiate on your behalf, and gather evidence to help you uphold your right to your receipt of workers’ compensation benefits. The law gives certain protections to ensure that you can follow this process. For example, New York law protects you from retaliation if employers try to fire you, demote you, or reduce your wages because you sought benefits for a workplace injury.
Information about workplace injuries in New York is available through the Workers’ Compensation Board. These resources can help you understand your rights and responsibilities throughout the claims process. Your workers’ compensation attorney in New York will advocate for your interests, especially if your claim is denied or disputed.
Your lawyer can also identify whether you might have additional claims beyond workers’ compensation. In some cases, third parties, such as equipment manufacturers, property owners, or contractors, may share liability for your pain and suffering, which workers’ compensation does not cover.
Contact Our Workers’ Compensation Lawyer in New York About Your Workplace Slip-and-Fall Claim
Slip-and-fall accidents may have serious consequences for your health, finances, and future, so reporting a workplace injury promptly and accurately is crucial. For assistance with workers’ compensation in New York, call Pyrros, Serres & Rupwani at (718) 626-7730 to learn more.
Frequently Asked Questions
Keep reading to discover what New York clients ask about slip-and-falls.
What Should I Do Right After My Slip and Fall at Work?
Immediate medical attention is important. Then, report your slip-and-fall accident to your work supervisor in writing. Lastly, document evidence, your injury, and the scene, and gather witness information.
Can I Choose My Preferred Doctor for Treatment After a Work Injury?
Yes. Even if your employer directs you to a Preferred Provider Organization physician, you will still have the right to choose your treating physician after an initial 30 days with the PPO.
What Benefits Can I Receive Through Workers’ Compensation?
Claims for workers’ compensation in New York may cover medical expenses arising from your injury, wage replacements, and permanent disabilities benefits that result from your workplace accident.
