Being injured on the job can be stressful. Many workers wonder how they’ll pay for medical treatment and time off from work. If you’ve been hurt at work, it’s important to understand that injured employees have rights. For more than 30 years, our workers’ compensation lawyers have helped workers in the greater NYC area obtain the benefits they need after an on-the-job injury. We’re dedicated to fighting for your rights and helping you understand your options.
What is Workers’ Compensation?
New York law requires employers to carry workers’ compensation insurance that provides benefits for employees who suffer work-related injuries or illnesses. Workers’ compensation is a no-fault system. This means that regardless of how a workplace injury occurred, anyone who is hurt at work can receive medical care and wage replacement benefits. Injured employees have the right to obtain these benefits and can’t be fired for filing a workers’ compensation claim.
Your Rights as an Injured Worker in New York City
It’s vital for workers to know their rights to ensure they’re aware of all the benefits they may be entitled to receive. Injured employees have the right to:
- File a workers’ compensation claim without fear of retaliation or losing their job. It is illegal for an employer to threaten, harass, or attempt to bar an injured worker from filing a claim.
- Medical treatment. The most vital injured employee right is access to medical treatment. If an injury requires immediate care, a worker should go to the emergency room. However, if it is not an acute injury or condition, they should ask their employer for a list of workers’ compensation-approved healthcare providers.
- Return to work. Most injured workers end up returning to their jobs after being cleared by their doctor. Although your employer is not required to hold your job for you, staying in touch with them while you’re recovering and discussing potential options for returning to work once you’re cleared by a doctor can be helpful. If you have medical restrictions or a partial disability, your employer may work with you so you can return to your job in a capacity that’s manageable for you.
- Disability compensation. If you can’t return to your job because of temporary or partial disability, you have the right to seek disability benefits through workers’ compensation. Workers who suffer permanent disability may receive Permanent Total Disability long-term.
- Appeal a denied claim. If your workers’ compensation claim is denied or you believe you’re not being offered an adequate amount of compensation, you have the right to file an appeal. Having a workers’ compensation lawyer assist you with your appeal can help increase your chances of obtaining the full amount of benefits you need.
- Legal representation. You are entitled to hire an attorney and have them represent you throughout the workers’ compensation claims process. Although hiring a workers’ compensation attorney isn’t required, it ensures your rights are protected. Not only does it help you get all the benefits to which you may be entitled, but having legal representation can ease stress so you can focus on healing.
Third-Party Work Injury Claims
Even if employer negligence played a part in your workplace injury, filing for workers’ compensation benefits precludes you from suing your employer. However, you have the right to bring a personal injury claim against any other negligent parties that contributed to your work-related injury or illness.
For example, if you’re working on a construction site and a sub-contractor backs into you with a dump truck and breaks your leg, you may file for workers’ compensation benefits and bring a personal injury claim against the sub-contractor. However, these claims can have an impact on one another, so it’s important to consult an experienced workers’ compensation lawyer before filing a lawsuit. Workers’ compensation and personal injury lawyers offer free consultations, so it can’t hurt to discuss your case and learn about your options for recovering compensation.
How Injured Employees Can Protect Their Rights
Report the injury to your employer as soon as possible and seek medical attention as soon as you can. If your employer tries to convince you not to file a workers’ compensation claim, remember you have the right to say “no” without the fear of retaliation. New York workers’ compensation laws provide specific protections for injured workers, so it’s important to keep in mind that you always have options. If you’re injured on the job, one of the best ways to protect your rights is to talk to an experienced workers’ compensation lawyer. A good attorney whose practice areas focus on injured workers can help you understand your rights and guide you through the process.
Contact a Workers’ Compensation Attorney in NYC
As the largest workplace injury law firm in Staten Island, Nappa, Monterosso & Poznansky, LLP, is proud to serve injured workers throughout the greater NYC area. Multilingual attorney and partner Rolando Cubela is happy to assist our Spanish-speaking clients. If you’ve been hurt on the job, call us at 718-273-9000 or contact us online to schedule a free consultation.
