How do you qualify for workers’ compensation?

A person’s job is one of the most important elements of their life. It is the way we pay for food, clothing, and shelter. If you are injured on the job, you will undoubtedly face a lot of pain and plenty of doctor’s appointments.

Filing a personal injury claim - things to consider - image for article

When the injury first happens, you will want to notify your supervisor. If the injury is an emergency, you will be taken to the hospital. If you simply need to go to the doctor, your employer should be able to provide you with a list of physicians that are in the company’s workers’ comp PPO network. You will also need to file a Workers’ Compensation Claim with the state. You are required to fill out this claim no more than 30 days after the accident.

Your employer can send the form in for you or you can send it in yourself. The company will be expected to fill out paperwork of their own. They will send a copy to the Workers’ Compensation Board and a copy to their insurance company.

What injuries qualify for Workers’ Compensation

Any injury that occurs during work is supposed to be covered by Workers’ Compensation in the state of New York. The vast majority of businesses in New York are required to carry Workers’ Compensation insurance and almost all employees are covered. There are a few non-for-profit businesses that may be exempt from the law. Clergy members, volunteers, and federal employees may also be exempt.

Theoretically, workers’ compensation should cover diseases that are related to occupation. For example, if a person works around loud machinery and had a hearing loss, treatments for that hearing loss would be covered. If you have such a disease, you are required to notify your employer within 24 months of your diagnosis. If you do not, they may try to deny your claim.

The type of injuries people get at work has a lot to do with the kind of job that they have. A construction worker may suffer anything from broken bones to head injuries if they work at an unsafe site.

Office workers will often suffer from chronic conditions such as Carpal Tunnel Syndrome and chronic neck and back pain from sitting on a chair that is not ergonomically designed or working at a desk that is too high or low.

If you miss any more than 7 days of work because of an injury, workers’ compensation should pay you for the hours that you have missed. This compensation is temporary and will pay two-thirds of your normal salary. If your injury is permanent, you should be able to receive compensation for that.

If a person dies doing their job, their family is entitled to compensation.

Finding a Lawyer

If the Workers’ Compensation Board denies your claim, you can appeal the decision with the board. If the board still denies the claim, you can appeal it through the court system. You should never face any judge without a trained attorney by your side. An attorney will be well versed in Workers’ Comp law and they will be able to negotiate with the board on your behalf. Lawyer Jesse Minc will work hard to get you the compensation you need to be comfortable.

Most people spend a third of their life at work. Your employer should be as dedicated to your well being as you are to making their business successful.

Interesting related article: “What is compensation?”