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If you’ve been injured at work in New York, whether or not you have a good relationship with your employer, you may need a law firm to help you get the money compensation you are entitled to under the law in your particular state. Typically, but not always, you may first look to receive compensation your employer’s workers’ compensation insurance. In some occasions you may also be able to sue for damages caused by your injuries against an individual, company, or municipality other than your employer.
An experienced law firm will know how to look for additional means of compensation, from manufacturers and sellers of defective products, or from owners, leaseholders or other occupiers of dangerous premises, or third parties that may have caused injuries without necessarily being your employer, or even coworkers.
Although workers’ compensation can provide money and benefits to an injured worker, temporary disability and permanent disability payments are usually limited and don’t compensate the worker for things like pain and suffering. That’s why it’s important for injured workers to understand their rights to bring a case outside of the workers’ compensation system.
If you are hurt at work in New York City, NY, there are some important things to be aware. Here are 5 steps to win your workers’ comp claim in New York:
1. Report Every Injury or Illness
Always report any work injury or illness your doctor says is due to your job. Report the injury or illness to the HR department, your supervisor or the risk-management department when it occurs. You should get an incident report to fill out, and you obtain medical treatment. The longer you wait to document the incident as well as any injury suffered maybe held against you presenting your claim.
2. Visit the Right Medical Provider
If your injury is an emergency, you’ll go where the ambulance takes you. In a non-emergency, your employer may direct you to a particular hospital, clinic or doctor. Depending on your state laws, you may have to go where your employer tells you or your bills may not be covered by workers’ compensation.
3. Tell the Doctor or Hospital Employees You Were Injured on the Job
When you’re filling out the paperwork at the hospital or doctor’s office; check the box that asks if your injury happened at work. That gets your medical bills sent either to the workers’ compensation insurance company or your employer, rather than to you.
If you choose your own doctor, be sure she’s approved or certified to do workers’ compensation claims and has agreed to the workers’ comp pay schedule.
4. Make Sure Your Medical Records Describe All of Your Injuries
Workers’ compensation won’t pay to treat body parts that aren’t listed in your medical records.
If you don’t tell the doctors, nurses, physicians assistants about the injuries you sustained be revisited compensation for them, even if they never bothered for your accident
5. Workers Compensation Will Cover You, Even If the Accident Is Your Fault
Workers’ compensation in New York is a no-fault program that provides for compensation for medical bills and loss of earnings even if the accident is your fault. In a third-party action, on the contrary, your fault will be considered and may limit the amount of recovery. If you have a third-party action will believe you may have been injured due to the fault of someone other than your coworkers or employer, you should speak to an attorney immediately so that your claim can be presented in the best possible light and in a way that is favorable to your side of the story.
Workers' Compensation Verdicts & Settlements
Male, 35: Workers' compensation
Our client was changing a pump strainer on a hot air furnace when he stepped on a board and fell through the ceiling.
Injuries: Herniated disc which required surgery
Male, 27: Workers' compensation
Our client was performing routine maintenance on an air conditioner. He had to use a wooden ladder, which slid on a slippery floor, making him fall.
Injuries: Three fractures in his ankle requiring surgery
Female, 49: Workers' compensation
Our client fell off a two-story-high ladder at her workplace.
Injuries: Multiple fractures of both arms requiring surgery
Male, 59: Workers' compensation
Our client fell into an elevator shaft at his workplace.
Injuries: Five broken ribs, punctured right lung, liver laceration, soft tissue ankle and hip injuries
Road Rage Incident
Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.
Hit and Run
Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.
Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.