WESTCHESTER COUNTY WORKERS COMPENSATION ATTORNEYS

Workers Compensation Lawyer White Plains NY

 

Getting injured while on the job is not something anyone would wish for. Both the worker and the employer want to maintain a safe work environment to prevent unnecessary and avoidable injuries. However, accidents in the workplace sometimes happen to no fault of the employer or the employee. When a workplace injury does occur in White Plains, it is important that an employee knows their rights. 

 

Going through a worker’s compensation process can be intimidating and sometimes employers can try to take advantage of an employee who may not be educated about what kind of protections state and federal governments have in place for them in the event of a workplace accident. On behalf of the employers, this is not always the case and there are many honest establishments out there that care for and protect their workers. However, even if a place of business follows all the state and federal rules and regulations, it may be in your best interest to seek legal counsel. If you are missing work and not able to make a living due to a physical impairment that resulted from an injury in the workplace, you are entitled to compensation that can provide for you and your family while you are healing. 

 

So, you are injured at work and unable to physically complete the work tasks that your job requires, what is the process of filing a workers compensation claim? 

 

White Plains Workers Compensation Claims Process

 

The first thing you need to do is report the injury to your superiors as soon as it happens. In White Plains, New York, if you do not report the injury to your employer within 30-days your chances of receiving financial compensation diminishes greatly. Once you report your injury to your employer most likely you will need to see a physician of the employer’s choosing. While you are waiting for your doctor’s appointment and after you have reported your injury, your employer is required to file an official report of the injury to the proper authorities. You will want to follow up with your management team to ensure that the proper report has been filed in a timely manner. At the same time, you should ask for copies of all associated paperwork as well as ask for written details about what the workers' compensation process entails and what your rights and responsibilities are. As this process can be a bit overwhelming for anyone, it is recommended that you seek the advice and legal counsel of an experienced legal professional. 

What are the different types of workers' compensation claims?

 

There are 4 different types of workers' compensation claims, all of which involve medical treatment. 
 

• Medical treatment that prevents the employee from returning to any type of work 

• Medical treatment that prevents the employee from returning to the job they had prior to the injury

• Medical treatment that results in lost time at work

• Medical treatment only

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Appealing a denial or for more compensation

 

Even if you've received a notice that you will be acquiring workers' compensation in Westchester County, you can appeal this decision within 30 days if you feel it is not enough compensation.

 

When Should You Hire a Workers Compensation Attorney In Westchester County, NY?

 

Getting injured at work is unfortunately a reality and happens quite often. Many have heard of workers' compensation but it's actually quite complicated to get compensation given the many different laws. Workers need to know their legal rights when hurt on the job such as who is responsible, insurance carriers, and more. This is why retaining a worker's compensation lawyer is important; we can help you go through the claims process and make sure you get the most compensation possible for your injury. In Westchester County, NY, you should consult a workers compensation attorney if you believe you have a case. You should reach out to an attorney as soon as possible, the less time that elapses, the better. 

 

Workers Compensation Attorneys In White Plains, NY

 

In White Plains, workers' compensation cases are more prevalent than ever as construction increases as well as other job sites. In fact, there are over 140,000 injuries recorded in 2019. 

 

If you are unhappy with the amount the insurance company is offering you and don't believe the compensation is fair then you may need a workers compensation settlement. Call our professional workers compensation attorneys in Westchester County or surrounding areas at (914) 428-3313 for a no-cost, no-obligation consultation.

 

Workers Compensation FAQs

 

How Do Workers Comp Lawyers Get Paid?

 

At Curan & Ahlers, we work on a contingency basis which means we get paid when we win the case. For our clients, this means that you can pursue justice without paying out of pocket upfront. We are in this with you. We will work as a team to prevail.

 

How Much Money Is A Workers Compensation Settlement Typically?

 

Every workers' compensation case is different due to various circumstances such as different accidents and different injuries. However, we prepare and plan as if we're going to trial on every workers’ compensation case to get the best possible settlement. We identify the compensation based on how much medical treatment you've received and will receive, lost wages in the past and future, and much more.

 

What to do if you’ve been injured at work?

 

​If you've been injured on the job, you have a few responsibilities to acquire workers' compensation:

 

• Notify your employer immediately.

• Obtain the necessary medical care immediately.

• Make sure you get copies of all necessary paperwork associated with your injury.

• Seek the legal counsel of an experienced workers' compensation attorney.

 

What Injuries Are Eligible For Workers Compensation?

 

There are many different types of injuries or diseases that could qualify someone for workers' compensation. The main point is that you can without a doubt prove that the injury was caused by employment or occurred during the course of employment. If the injury is a result of a single event, like an accident, for example, it may be much easier to prove than a cumulative condition.

 

Here is a quick breakdown of some of the most common conditions that qualify for workers' compensation:

 

• Repetitive motion injuries: Individuals who work in factories, food processing plants, mail sorting facilities, etc. may experience accumulative injuries from repetitive motion. Common repetitive motion injuries may include carpal tunnel, tendonitis, chronic back pain, and simply wear and tear to shoulders, knees, and other ligaments. Repetitive motion injuries are among the hardest to prove due to the fact an employer could take the position that your injury is due to out-of-work activities like playing sports or doing yard work.

• Occupational illness: Occupational illness typically occurs after years of exposure to harmful chemicals or respiratory irritants. Could be from exposure to asbestosis, arsenic, benzene, or any number of harmful chemicals. 

• Hearing loss: Hearing loss can occur when an individual works in construction or operates heavy machinery. Ideally, an employer should provide all the necessary protective equipment for the requirements of a particular job, hearing protection included, however, some employers may neglect this responsibility and cause an employee to have permanent and irreversible damage to their hearing. 

• Death by occupation: Unfortunately, deaths do occur in the workplace. It is truly a sad affair. It is important that spouses and dependents understand that they may qualify for workers' compensation death benefits. Even stepchildren and any family members who can show that they were financially dependent on the person who passed while on the job can receive some compensation as well. 

• Accidental injury: Many times workers' compensation claims are due to a single event like a slip and fall, struck-by injuries, or vehicle accidents. These kinds of injuries are typically the easiest to be rewarded a workers compensation claim, especially when immediate medical attention is needed. 

 

These are just a few examples of the kind of injuries that are common for workers' compensation. Recently, other claims have been made due to COVID-19 and mental and physical stress that may cause psychological conditions. This has been especially prevalent in the medical industry among doctors and nurses handling the COVID-19 pandemic. Other professions where physiological workman's compensation may be rewarded include police officers, firefighters, paramedics, and other first responders. 

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What Is Not Covered Under Workers Compensation?

 

Although workers' compensation does protect workers in many different types of situations, there are exceptions that may disqualify someone from receiving compensation. For example, if someone is intoxicated or under the influence of an illegal substance, their workplace injury claim could be denied. Here is a list of some other examples where a worker could potentially have their workers' compensation claim denied.

 

• Policy violations: If an employee gets injured as a direct result of a clear company policy violation their claim may be denied, depending on the specifics of the situation.

• Driving to or from work: An employer most likely will not be liable for an employee’s commute to or from work. 

• Horseplay: Any type of horseplay, wrestling, or playing around that causes an injury would potentially not be covered by workmans’ compensation unless the individual is the victim of the horseplay and did not participate. 

• Illegal activities: If an individual is participating in an illegal activity then most likely their claim could be denied.

• Terminated employees: If an injury occurs after an employee is terminated or quits their position they most likely not be covered by workers' compensation.

 

These are some of the most common situations that may deny a workers' compensation claim. There are a few other circumstances that could cause a claim to be denied including intentional acts, however, the most common reasons for denial are listed above. 

 

How Long To File For Workers Compensation in NY?

 

In the state of New York, an employee has up to two years to file a workers compensation claim, however, they must report the injury to the employer within the first 30-days of when the injury occurred. 

What Are The Top 10 Workplace Injuries?

 

Many workplace injuries can result from events like slips, trips, falls, and repetitive strains. Here is a complete list of the top 10 most common workplace injuries.

 

• Struck by falling objects.

• Repetitive motion injuries.

• Muscle strains or sprains. 

• Slips, trips, and falls. 

• Vehicle or machinery crashes or collisions. 

• Cuts.

• Inhalation of toxic fumes. 

• Walking into objects or other people.

• Industrial noise pollution.

• Fights. 

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As other injuries are possible these injuries are the most common for workers' compensation claims.