Accidents happen every day around us, and work accidents are no less frequent. From car accidents moving from one spot to another during work hours, construction accidents, all the way to illnesses due to repetitive work or exposure to dangerous chemicals, there are a thousand reasons why you could have an injury or health issue resulting from your job.
You must keep in mind that every job has protection by law, workers are protected and have rights they can enforce, hence, if you were injured as a result of a work accident, call Proner & Proner, we will help you figure out if you have a case.
Which are the protected jobs by law?
As we mentioned, every job has its protections in New York, but there are certain professions that have higher protection due to the high risks they involve; these are construction, demolition, painting, cleaning (not domestic), and alteration.
Under the same specifications, there are certain limitations that must be met to file a claim against a third party after an accident or to file a Worker’s Compensation Claim.
How can I know if I have a Workers’ Compensation case or a Third-Party Claim?
Any employee can file a workers’ compensation claim, and they usually receive their money after a few months. This type of claim will cover all the medical expenses and two-thirds of the lost income; in exchange, the worker will agree not to file a lawsuit against the employer.
A third-party claim will normally mean much more money for the worker, but it will also require more time. This type of claim can only be filed if there was a third person or entity involved in the accident, and they are partially or completely at fault for it.
You cannot file a claim against your employer, therefore, we always try to find a third party involved, which can be the owner of the building where you work, the general contractor if you work at construction, etc.
There are cases in which both claims can be active (workers’ compensation and third-party claim). In these cases, the claim will likely take several months or years to be resolved, but the workers’ compensation claim allows you to receive money right away to cover medical expenses and a certain amount for income.
If you qualify for a third-party claim, you will very likely get much more money. If you are still not sure if you qualify for one type of claim or the other, contact us right away. Keep in mind that the sooner you contact us, the sooner we can resolve your case and get you your compensation.
What is the process after a work accident?
The first thing to do is call an ambulance to protect or regain your health as soon as possible. Then, you need to report the accident with your employer as soon as possible, since you only have 30 days to report it if you want to start a workers’ compensation claim.
And finally, you have two years from the day of the accident to start a workers compensation claim, or three years to start a third-party claim, but consider that these limitations change according to your case. For example, if your case is against the city, the deadlines are different.
The best thing to do after an accident is to contact an experienced accidents attorney that can help you throughout the whole process.
There are no limits as to the type of accident that may be covered under a workers’ compensation claim. Even injuries caused by work that occur over time—such as repetitive stress injuries—are covered. Contact Proner & Proner at 1 800 321 1234 to get a free consultation of your case.
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.