Posted on March 28, 2013 in Personal Injury
New York Workers Compensation law requires nearly all employers in New York State to provide insurance coverage for workers who sustain on-the-job injuries or work-related illnesses, effective on their first day of employment. However, even this far-reaching law carries certain limitations that can prevent you from obtaining the full benefits you need. When employees experience challenges during the claims process, they can often benefit from the support of an experienced workplace injuries lawyer who can help ensure they receive the full benefits they deserve.
You need to observe the right steps when filing a claim
Your employer must post information about filing workers compensation claims prominently within the workplace, and every employee should take the time to review that information long before they sustain injuries. While serious injuries require obtaining emergency medical attention before doing anything else, you essentially have two main responsibilities to fulfill before filing your claim:
Completing the required claim form
Notifying your employer in writing about the details of your accident
The New York State Workers’ Compensation Board provides instructions and required forms online. It also explains the reporting required for employee and doctor as well as other details about the claims process.
Why an insurer may deny your claim
Even if your own negligence contributes to a workplace injury, you have the right to expect coverage under workers compensation — as long as the accident occurred during the course of performing your work. However, just having an accidental injury while at work may not constitute a valid claim. For example, although you may occasionally grab a sandwich while continuing to do your work, more formal lunch breaks do not generally qualify as work time.
You might also not qualify for benefits if you test positive for alcohol or drug consumption after a workplace accident, or if you participate in willful or illegal acts that cause your injuries.
In addition, an insurance claims adjuster might make false allegations concerning your behavior, just to protect the bottom line of the insurance company by denying your claim or unfairly reducing the benefits you receive for a valid claim. However, you have the right to appeal unfair decisions. This is the time to seek support from an experienced Brooklyn workplace injuries attorney to advocate on your behalf.
An experienced workplace injuries lawyer can help you understand your legal options
For help with your workers compensation claim or appeal, contact the experienced attorneys at the law firm of Bisogno & Meyerson, LLC at 718-745-0880 for a free consultation.
Bisogno & Meyerson, LLC
7018 Fort Hamilton Parkway
Brooklyn, NY 11228
New York Workers Compensation law requires nearly all employers in New York State to provide insurance coverage for workers who sustain on-the-job injuries or work-related illnesses, effective on their first day of employment. However, even this far-reaching law carries certain limitations that can prevent you from obtaining the full benefits you need.