Queens Workers Compensation Attorney
Most working individuals are familiar with workers’ compensation but may not understand the details or when it is an option following a workplace injury. Workers’ compensation exists to help ease the burdens of people injured at work by compensating them for their medical expenses, lost wages from time spent away from work following an injury, and the costs of any temporary or permanent disabilities.
The benefits regarding a workers compensation claim vary from state to state, but generally hold the same rules. Most states have a “no fault system”. The system states that the injured does not need to prove negligence for the injury – they must only prove that they were indeed injured while at the workplace. It is also required that employers with at least one employee, carry workers’ compensation insurance in order to pay the benefits for a possible claim.
The process for filing a workers compensation claim is fairly straightforward. As soon as you receive a work injury and address any immediate medical concerns, you must notify your employer and request a workers’ compensation form. It’s crucial for you to understand your rights if you suffer an injury at work and start the process of filing a claim for workers’ compensation.
What is Retaliation?
Filing for workers’ compensation is a protected action, meaning your employer is legally forbidden from taking any adverse actions against you for filing a claim, even though insurance premiums may increase and your employer may perceive your absence from work as a loss of productivity. If an employer takes any negative actions against an employee because of a protected action, this is retaliation. Any of the following may constitute retaliation:
- Denying a claim or preventing an employee from filing one in any way.
- Intentionally causing unreasonable delays in processing a claim.
- Demoting the employee for filing the claim.
- Docking the employee’s pay, or cutting back their usual weekly hours.
- Harassing, intimidating, or creating a hostile work environment because the employee filed for workers’ compensation.
- Firing the employee without just cause during the claims process.
This is not an exhaustive list. If you attempt to file a workers’ compensation claim and meet with any hostility or adverse actions, keep as many records as possible of all correspondence between you and your employer, and speak to an attorney as soon as you are able.
Queens Workers Compensation Lawyer
Workers’ compensation exists essentially as a trade-off: The injured employee does not have to deal with a lawsuit to obtain compensation, and in return they agree not to sue for pain and suffering or anything beyond the cost of medical treatment and lost wages from time away from work. The logic behind this is that insurance should cover the lion’s share of medical expenses. However, insurance companies are in the business of making money, not paying it out on claims. Most insurance companies will attempt to low-ball claimants in order to pay as little on a policy as possible.
Having a reliable legal professional on your side to deal with difficult insurance agents is an invaluable asset. In some circumstances, you may have the option of seeking compensation through a lawsuit in addition to filing for workers’ compensation if another party played a role in your injury:
- A defective product that causes injury may validate a lawsuit against the manufacturer.
- If your employer was grossly negligent or intentionally harmed you, you can file a personal injury lawsuit against them.
- In some cases, a third party may cause your injury, such as a motorist crashing into your car as you make deliveries for work. Since your accident happened while performing work-related duties, workers’ compensation will cover your lost wages and initial medical expenses. You can then file a lawsuit against the third party for pain and suffering and property damage to your vehicle and belongings.
There are countless possibilities when it comes to workers’ compensation claims. It’s imperative you consult with a legal professional before making any definitive steps. The experienced Queens personal injury lawyers at Omrani & Taub believe in securing maximum compensation for our clients. We’ll explore every possible avenue for compensation in every workers’ compensation case.
Call us at (718) 714-1515 if you want a hand with the claim filing process, need help dealing with difficult insurance companies, or think you may have a different sort of lawsuit on your hands. We’ll discuss all of your options with you and let you know what type of compensation you can expect.