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Types of compensation for an injured worker

Accidents of all types are very common in crowded cities; therefore, it is a civil responsibility for everyone (and especially for building owners and employers) to hire insurance to protect themselves and the people around them. In New York, there are two main types of compensation you can receive after an accident, and at Proner & Proner we can help you get any of them.

Workers’ Compensation

This type of compensation applies when we are talking about a work accident. Your employer must have hired insurance to protect his workers’ health and safety. If you or any of your co-workers was injured in a work accident or contracted an illness as a result of a certain work condition, you have the right to file a Workers’ Compensation claim.

In this case, you receive enough compensation to cover all the medical bills and up to two thirds of the lost wages. You receive this compensation regardless of who was at fault for the accident, and, in exchange, you agree not to file a lawsuit against your employer.

The two most important things to do in this case are seeking medical assistance as soon as possible (since it will be part of the evidence needed for your case), and reporting the accident to your supervisor.

You have a maximum of 30 days to report the accident to your supervisor. After that, your employer will notify his insurance company, and they will have 14 days to send a letter stating your rights, and 18 days to start paying your compensation for medical expenses and lost wages.

Third Party Claim

This type of compensation is received through a lawsuit. The lawsuit can be filed if there was a third person or entity involved in the accident. For example, if the subcontractor of the construction area or the owner of the building had a certain percentage of responsibility for the accident, you could ask a lawyer to file a claim for you.

In a third party claim case, the percentage of responsibility that you had for the accident does matter, but you can still receive compensation if the other party was also involved.

An experienced lawyer can ask for compensation not only for medical expenses and lost wages, but also for the pain and suffering the accident caused you.

In the case that there is enough medical evidence to prove that your quality of life was affected, or that you have a permanent disability that will prevent you from going back to work, you can request compensation for present and future medical expenses and pain and suffering.

These types of cases are usually worth much more money for the clients than a Workers’ Compensation claim, therefore, an experienced accidents lawyer will always carry out an investigation to try to find responsibility in a third party.

During the investigation, we might find that the owner of the building or the subcontractor might not have been following the safety rules established by OSHA, or that certain equipment was too old, in poor conditions, or not working properly. All of these aspects could lead to a third party claim.

Keep in mind that both Workers’ Compensation and a Third Party Claim have deadlines to be met and rules to be followed. Therefore, your best choice will always be to hire an experienced, trustworthy attorney who specializes in accidents. A lawyer can explain exactly how the law applies to your case, and knows the deadlines that you must meet to have a successful case.

At Proner & Proner, we have a team that is ready to fight for your rights, contact us for a free consultation at 1 800 321 1234.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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