Long Island, NY Personal Injury
& Accident Lawyers
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Workplace Injury

People have various jobs that are physically demanding. Sometimes, those jobs can be dangerous. Various injuries can cause unforeseen physical and financial burdens that impact one’s life. When someone gets hurt on the job, they may be able to recover damages for their pain and suffering, medical treatment, and lost wages. Workers’ compensation was put in place to protect workers and employers in the case of a workplace accident. In certain cases, a third-party may be further responsible for injuries caused by neglect. If you have been injured on the job, contact The Noll Law Firm, P.C. to represent your interests, protect your rights, and protect your future.

Workers’ Compensation Explained

Workers’ compensation is a type of insurance that provides financial support and medical care for workers that are injured or become ill because of their job. Workers’ compensation is in place to protect workers and employers. When an employee is injured on the job, they are paid and compensated by the insurance company that handles their workers’ compensation claim. The Workers’ Compensation Board, a state agency, is responsible for processing claims and directing insurance companies on how to proceed. In that regard, payments, compensation, and liability does not change based on a worker’s carelessness or an employer’s fault. If a worker is found to be at fault for their injury through misconduct, they may be denied a Workers’ Compensation claim.

If the insurance company or the employer agrees that the injury is work-related, a claim may be paid. If there is a dispute, a workers’ compensation law judge will decide who is right. If a dispute drags on, the worker may be eligible for disability benefits to ease the financial burdens in the meantime. In that case, the financial support may be taken from future workers’ compensation awards.

If you are able, you may return to work in an alternate capacity until you heal. If your injuries prevent you from earning the same wages as your old position, you may be eligible to recoup two-thirds of the difference.

The Workers’ Compensation Claim Process Explained

If you are injured on the job, you might need to know the process in which a workers’ compensation claim is processed. Immediately, a worker injured on the job should get medical attention. It benefits the injured party while documenting the situation for the claim. The worker should notify the supervisor immediately and the employer within 30 days of the incident. The employee has 2 years to file a claim with the Board on Form Employee Claim. Within 2 days of the incident, a doctor will complete a medical report and send it to the appropriate Workers’ Compensation Board and any involved party. Within 10 days of the claim, the employer will report the injury to the Board and insurance company. Within 14 days of receipt of the employer’s report, the insurer will contact the injured party with a written statement of their rights under the law and if the claimant must use a network of healthcare providers for diagnostic tests. Within 18 days of the employer’s report, payments of benefits begin, if lost time exceeds 7 days. From then, payments continue every two weeks and the insurer must notify the Board if payments have stopped or were modified. Every 45 days, a doctor will submit a progress report and after 12 weeks, the insurer will consider the necessity of rehabilitation treatment for the employee.


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