Workers' Compensation is an important resource for those dealing with the aftermath of a work-related injury or illness, and it can help with financial burdens such as lost wages and medical expenses. Unfortunately, there are a number of misconceptions associated with the New York Workers' Compensation process that keep workers from filing claims for the benefits they may be entitled to.
We are here to clarify the Workers' Compensation process, help you build a strong claim for benefits, and address some of the most common myths that have been creating confusion and hesitation among injured and sick workers.
Your Employer Can Fire You for Filing a Workers’ Compensation Claim
After a work injury, your employer cannot terminate you because you filed a Workers’ Compensation claim. They also may not retaliate against you for participating as a witness in a Workers’ Compensation claim. If they do, you may be able to bring a retaliation claim against your employer. However, your employer can terminate you if you are unable to do your job.
Due to fear of retaliation, many injured workers delay filing a claim for their injuries. It is best not to delay. Filing a claim immediately after your injury will help you meet critical deadlines. MCV Law is here to protect your rights, streamline your recovery, and serve as your legal advocate every step of the way.
You Can’t Collect Workers’ Compensation Benefits if the Accident Was Your Fault
Workers’ Compensation is a no-fault statute. This means that you can have a Workers’ Compensation claim regardless of negligence. Many injured workers believe that they cannot file a claim if they are at fault for their own injury. The truth is that in New York State, as long as your injury occurred in the course of employment, you may be entitled to benefits, regardless of whether you caused your own injury.
You Can Only Collect Workers’ Compensation for an Accident
Accident claims arise when injuries or illnesses occur suddenly, such as situations involving a fall from a height or a lifting injury. However, claims can also be brought for Occupational Diseases, which are work-related injuries and illnesses that develop over a period of time, such as carpal tunnel syndrome or gradual hearing loss. As long as your condition can be attributed to your work, your injury or illness is covered under Workers’ Compensation.
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You Can Only Collect Workers’ Compensation if Your Injury Occurred at Your Job Site
Compensable work-related injuries and illnesses can happen in a number of different places. Depending on your line of work, you can have a Workers’ Compensation claim even if your injury occurs off-site. Below are some examples of injuries that may be covered under Workers’ Compensation:
- A delivery driver being injured in a motor vehicle accident while making a delivery
- A nurse being injured in a fall while tending to a patient at the patient’s residence
- A salesman being struck by a vehicle while crossing the road in between business meetings
- A remote IT worker developing carpal tunnel syndrome from continually working from a computer in their home
You Can Sue Your Employer for Causing your Injury
The law in New York prohibits you from filing a lawsuit against your employer for your work injury. The law only allows you to file a Workers’ Compensation claim. However, depending on how your injury occurred, you may be able to bring a Personal Injury lawsuit against a negligent third parties who caused your injury. Common examples of third parties include the manufacturers of defective products, at-fault drivers who caused an accident, project managers, and property owners who have failed to maintain safe premises and/or warn you of hazards.
Additionally, if your injury is severe enough to keep you from being able to work in the future, you could be deemed eligible for ongoing Social Security Disability benefits.
MCV Law handles Workers’ Compensation, Personal Injury, and Social Security Disability cases. These areas of the law each have different sets of deadlines and procedures, and when workers are pursuing multiple forms of compensation at once, there are important offsets that should factor into their approach. If you are pursuing one or more of these claims, we encourage you to call MCV Law. Our skilled attorneys can handle all of your claims at once, and coordinate carefully to ensure that our clients receive the maximum amount of compensation possible.
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