Kingston Workplace Injury Lawyer
Representing Hudson Valley clients facing workplace accidents
There are numerous jobs across the country with risks to the safety of the employee. Dangerous jobs can cause injuries that can impact one’s life and livelihood. Some injuries leave lasting effects on a person’s future. Though employees and employers often take the proper care to protect everyone, accidents are bound to happen. Workers’ compensation is a form of insurance that was implemented to protect workers from overwhelming medical bills and lost wages after they were hurt at work. It helps the worker get the help they need without having to worry about the financial bearing on the family. It also protects the employer against lawsuits based on negligence. In some cases, a workplace injury was caused by the negligence of a third party who supplied equipment that did not function properly. If you have been injured on the job, you have rights. You may need to exercise them. If you need quality legal services from an effective, experienced, and determined Ulster County personal injury lawyer, contact Jeff Brody Injury Law.
If you were injured or became ill because of the job, you may need to file a workers’ compensation claim. Workers’ compensation is an insurance policy that helps employees with medical bills and lost wages until they are able to return to work or support them if they are not. An employee is prohibited from bringing a lawsuit against an employer if they file a workers’ compensation claim. The Workers’ Compensation Board processes claims. If a worker is found to have purposefully caused the accident, they could be denied the financial support. If there is any dispute about the claim, a workers’ compensation judge will decide on the matter. If a dispute lasts too long, the employee may be entitled to disability benefits to ease the financial burden until the issue is resolved. You may return to work in an alternate capacity until you fully heal. If you cannot physically do your old job, you may be allowed to return to work and recoup 2/3 of the difference in pay.
Workers’ compensation claim
If you are injured on the job, seek medical attention and contact your employer or closest supervisor. The medical professional will document your injury. Your supervisor or employer must be notified within 30 days of the incident. You have 2 years to file a claim for workers’ compensation. Most workers’ compensation claims will follow the same schedule:
- Within 2 days of the claim- a doctor will complete a medical report and send it to relevant parties.
- Within 10 days of the claim- the employee will report the injury to the Board and insurance company.
- Within 14 days of the report- the insurance company will contact the employee and offer written details of their rights and whether they will have to use the network of health care providers for diagnostic tests.
- Within 18 days of the report- payment should begin if lost time exceeds 7 working days.
- Every two weeks- payments will be scheduled until no longer needed
- Every 45 days- a doctor will submit a progress report
- After 12 weeks- the insurer will decide on further rehabilitation.
Lawsuits against negligent third parties
If you have been injured on the job and a negligent third party caused it, you may need to take legal action to recover damages from them. These can include medical bills, lost wages, legal fees, and pain and suffering. If you were to bring a lawsuit against an outside party after filing a workers’ compensation claim, you may be responsible for the reimbursement to your employer and their insurance company for the support they offered you while you sought compensation from another party. The insurance company may issue a lien towards future compensation to recover the money spent on your medical bills and lost wages.
Contact an Ulster County workplace injury attorney
If you are injured on the job, you may face some obstacles that Jeff Brody Injury Law can help you through. You could face a workers’ compensation insurance company that disputes your claim and drags out your matter. You could face the need to bring a lawsuit to a third party. Whatever your satiation, if you need an effective, compassionate, and determined attorney, contact Jeff Brody Injury Law for a free consultation.