I’ve Been Hurt on the Job: Who Pays?

The state of New York has a set of laws known as Workers’ Compensation that provides employees with medical coverage and financial compensation while they recover from injuries received from employment. In most cases, the insurance carrier pays for the injuries as long as there’s no denial or dispute over the cause of the injury. But what happens if your injury is going to keep you out of work long after workers’ compensation benefits have run out? You may be eligible to apply for SSDI and secure income going forward. Here’s what you need to know about filing for workers’ compensation in the state of New York.

The Basics of Workers’ Compensation in New York State

Workers’ compensation is a set of laws that lay out the actions employers and employees have to take before, during, and after a claim. Employers are required by the state to carry workers’ compensation insurance that pays out when a claim is made and approved. The laws lay out the procedure for filing a claim and getting medical treatment for the injury along with a cash benefit that maxes out according to the most recent schedule of benefits.

Workers’ compensation in New York state is known as no fault which means an employee can’t bring a personal injury lawsuit against the employer. But an employer can also deny the claim while the employee can file an appeal to overturn the denial. An employee has the right to retain NYC workers’ comp lawyers to assist with appealing the claim and obtaining benefits. 

What an Employee Needs to do After Injury on the Job

The law states that you need to first take care of all injuries as soon as possible. If you have a non-life threatening injury, you have to seek treatment from a health care provider that’s been approved by the Workers’ Compensation Board. The only time this requirement is waived is during an emergency situation. When an employer is authorized to participate in an Alternate Dispute Resolution (ADR) or Preferred Provider Organization (PPO), there may be a requirement to get medical care from a provider in either of these networks. If the case does not get disputed, the cost of medical care is covered by the employer or by the insurance company. 

The employee also has to notify a supervisor about the injury in writing within 30 days after the date of injury. If the injury is the result of occupational disease, the employee has up to two years to notify the employer. Finally, the employee has to fill out Form C-3 and mail it to the closest location of the Workers’ Compensation Board. If the form isn’t filed within two years of the date of injury, the employee may lose their rights to claim benefits. The employer and treating physician also have forms to file and the employer has to provide a written statement of worker’s compensation rights to the employee.  

Getting Compensated for Lost Wages and Injuries

Benefits aren’t disbursed for the first week of injury unless it lasts longer than 14 days. If the injury lasts for two weeks or more, the employee can get compensation from the first day they were off work. Someone who has received injuries that result in partial or total disability and can’t work for more than seven days can receive benefits starting from the first day of injury without going through a waiting period. 

The state of New York uses a formula of 2/3 x average weekly wage x percentage of disability = weekly benefit. The important part of the formula is a percentage of disability. Someone who has a 20 percent disability gets less in compensation while someone who has a 100 percent disability gets the maximum amount of compensation available to them. 

Necessary medical services are paid by the insurance company that handles the workers’ compensation policy as long as the claim has not been disputed. Health care providers are barred from collecting from the injured employee unless the claim is disallowed by the Workers’ Compensation Board or the employee fails to pursue the claim. 

What Happens When Workers’ Compensation is Terminated?

There is no defined time limit for workers’ compensation in the state of New York. A physician has to submit a progress report every 45 days to the Workers’ Compensation Board and the insurer can review the case for ongoing care after 12 weeks, but the termination of benefits depends on the recovery of the employee. If it becomes apparent that the employee is unable to return to their preferred line of work, the employee can take advantage of vocational rehabilitation offered by the board. 

Someone who is unable to return to work in any meaningful capacity after going through physical therapy and/or rehabilitation will want to look into Social Security disability benefits (SSDI) as a source of income when it’s apparent that workers’ compensation will no longer be an option. When it’s known that the employee will be permanently disabled for longer than 12 months, he can apply for SSDI while receiving workers’ compensation benefits. If the employee is successful in getting into SSDI, he can receive both SSDI and workers’ compensation benefits. SSDI will offset the benefits it pays out. 

SSDI pays up to 80 percent of the amount an individual earned while employed. If an applicant is accepted and receiving workers’ compensation benefits, SSDI offsets the amount it pays in order to maintain the 80 percent payout. 

Workers’ compensation is designed to cover all medical bills and replace a portion of working income while you’re recovering from work-related injuries. The law recognizes that the employee put their body at risk of injury on behalf of an employer and requires that an employer carry insurance to provide financial compensation and medical coverage for the employee. As long as the claim doesn’t get disputed, the employee will not have to pay for their medical care nor will they have to go without pay while they recover from their injuries

3 weeks ago Personal Injury Calculator , Personal Injury Lawyers No comment

Hurt on the Job? The Dos and Don’ts of Dealing with a Work Injury

Did you know that a worker is injured on the job every seven seconds? That’s 510 injuries per hour, or 12,300 per day. Neck and back pain, muscle strains, cuts, and falls are all common in the workplace.

Some industries have higher rates of injury than others. Construction, manufacturing, shipping, and transportation are just a few examples. Even sitting at a desk for too long can weaken your muscles and joints, leading a higher injury risk.

But what’s the best way to deal with a work injury? Should you treat it at home or see a doctor? How can you tell when it’s time to consult a lawyer?

To help you out, we’ve compiled a list of do’s and don’ts for handling work-related injuries. Let’s get into it!

DO See a Doctor

If you experience a work injury, see your doctor as soon as you can. Describe your symptoms in detail so they can file a medical report. Let them know about any discomfort, pain, and limitations you experience.

Let’s say you’re a construction worker and your employer asks you to remodel a building. When you arrive there, you realize that there are toxic fumes and hazardous chemicals everywhere. A few days later, you begin to cough, experience difficulty breathing, or have migraines. 

Head over to the doctor’s office and let them know about your situation. Later, you can use the medical report as evidence of your injury when dealing with your employer or their insurance providers.

DO Keep All Receipts and Bills

Obtain and keep all of the bills for your treatment, medications, medical supplies, and more. If it was your employer’s fault, you may be able to receive compensation and have your expenses covered.

In case they refuse to pay, make sure you contact a lawyer. A qualified attorney, such as those working at Bader Law Firm, can help you get the compensation you deserve.

DO Report the Injury to Your Employer

Let your employer know about your injury. Otherwise, they may be able to deny your claim.

If you have any witnesses, ask them to describe what happened to your employer. Do these things as soon as possible. Your employer is legally required to file a First Report of Injury.

Many times, employees don’t report the accident to their supervisors, hoping that the pain and discomfort will eventually subside. After a few days, when their symptoms worsen, they decide to report what happened. Unfortunately, it’s usually already too late.

DON’T Hide Previous Injuries

A common mistake among workers is not disclosing previous work injuries. Some think that it simply doesn’t matter, while others didn’t do it because they were afraid of losing their job.

Not disclosing previous injuries will only make things worse. You might even be accused of fraud or lose your right to receive compensation.

DON’T Give a Recorded Statement

Insurance companies seek to obtain recorded statements from the victims so they can investigate their claims. The problem is that anything you say can be used against you.

Don’t discuss any details of your accident or give statements to insurance providers unless you have a lawyer next to you. An experienced attorney will guide you through the process and make sure that you avoid common pitfalls.

Deal with a Work Injury the Right Way

A work injury can affect your quality of life as well as your ability to work and function normally. Many times, its symptoms occur days or weeks after the accident when it’s too late to file a claim against your employer.

After seeing your doctor, consult an attorney and ask for their opinion. Here are some factors to consider when choosing a personal injury lawyer.

4 weeks ago Personal Injury Calculator , Personal Injury Lawyers No comment

Winning Your Case: 5 Common Mistakes Personal Injury Lawyers Make So You Can Avoid Them

Many people think personal injury cases result in a big payday but this is often far from the truth. While victims of catastrophic injuries can sometimes get a large amount of compensation, most personal injury cases result in smaller settlements. Sometimes, it’s because the injury really wasn’t that severe. Other times, it’s due to the skill of the attorney. While personal injury lawyers play a significant role in helping victims to seek compensation, they are human and sometimes they make mistakes. Learn more about some of the factors which are key to personal injury cases so you can nip any issues in the bud. If you’ve hired a lawyer to handle your personal injury case, here are some of the things they may get wrong

Not fully understanding the medical issues

In a personal injury case, the medical specifics are very important. Your lawyer needs to have a sufficient understanding of your condition and how it affects your daily life so that they can successfully fight for you. If you will never be able to work, they need to take this into account when they ask for damages. The same applies if you will need years of expensive therapy or treatment. You can only win your case if your lawyer understands the crux of the matter. They can’t convince a judge if they are not themselves convinced.

Taking cases they don’t have the financial resources to handle

Many lawyers will tell you no case is too big for them but that’s not always the case. Look into their track record of securing large settlements before you hire them. It takes a lot of money and resources to investigate a personal injury case and prove negligence. Qualified experts often need to be hired in major cases and they charge a pretty penny for their testimony. Doctors, accident reconstruction professionals, and psychologists may be needed. If your lawyer can’t afford them, your case will be in jeopardy.

Pushing you to accept a quick settlement

This may result from a lack of understanding about your medical situation. You may not know the full extent of your injuries in the early stages. This is exactly when you may get a settlement offer from an insurance company. They are hoping you accept it and relieve the at-fault party of any further liability. Some personal injury victims jump at the opportunity to get quick cash. However, they are left holding the bill if their injuries turn out to be more severe than they initially thought. A lawyer shouldn’t advise you to accept the first settlement you get if your injuries haven’t been fully revealed or they haven’t thoroughly investigated your case.

Accepting too many cases and not being able to devote enough time to each case

Personal injury cases require a lot of a lawyer’s time and attention. Lawyers often take on lots of cases so they improve their chances of winning and getting paid. However, they can stretch themselves too thin and then clients suffer. If your lawyer misses your court date, never answers the phone or doesn’t have the time to explain your case to you, you may need to look elsewhere.

Not conferring with other attorneys on difficult cases

No matter how experienced your lawyer is, they may encounter something in your case that they have never seen before. If this happens, they should consult with their colleagues to help them understand the situation and find a solution. If they don’t do this, they may overlook key factors and fail to give you the best advice and representation. If your case is unique and your lawyer seems out of their depth, urge them to seek advice.

Personal injury lawyers, like any other professional, can make mistakes. Now that you know some of the common errors, you can advocate for yourself or find a new lawyer if you think your case is being handled incorrectly.

2 months ago Laws , Personal Injury Calculator , Personal Injury Lawyers No comment

Injured on a City Bus Due to Faulty Brakes? Know How You Can Now Sue the City

Did you sustain injuries due to a city bus? Did the injury occur due to faulty maintenance on the part of the government? You can now take the necessary legal steps including suing the city, manufacturer and other responsible elements. Additionally, you can also file a lawsuit against the municipality if the city is responsible for the damage and losses you incurred.

Accidents due to negligence have been on the rise in this modern and fast-paced world. In case you sustain minor to severe injuries due to negligence on the part of the city, company or an individual leading to loss of work and added expenditure, you can now enlist an auto accident lawyer and go over all the details meticulously and plan a lawsuit.     

If you want to know more about how to go about planning for a lawsuit, dive right in!

Hiring a lawyer

You will need professional help only when sufficient evidence is found that merits are pursuing the case. Your lawyer will enable you to seek counsel, and you might end up with a reasonable compensation in case the injury is a result of negligence on the part of the city which is accountable for maintenance or an individual for his breach of duty. What you must remember is to initiate the settlement or trial ahead of your statute of limitation exceeding the time limit.

Is it the manufacturer?

You might be injured on a city bus due to faulty brakes. Generally, faulty brakes are indeed the most common defect. You have the option of suing the manufacturer of the brake parts or the bus manufacturer. But more often than not, the failure by the city to maintain or do the necessary repairs absolves the manufacturer of all the liabilities. However, armed with the correct information you can initiate civil suits binding both parties as “responsible” for the damage caused.

Faulty brakes

The issue of faulty brakes can be clearly highlighted only after a thorough inspection of the vehicle. What you need to ascertain is the fact whether the accident was caused due to ignorance or negligence of the responsible party! The case of the vehicle having faulty sub-par brakes might have been known to the city council or the bus driver. Accidents due to faulty brakes are severe as it might involve other physical harm to automobiles and in extreme cases death of fellow passengers and travelers.

City negligence

The city government and the municipality are usually responsible for the maintenance and repairs on a vehicle especially if it is city owned. It is due to this responsibility that the city can be held accountable in case of any injury or grievous hurt caused to any member of the city or a visiting traveler by a city vehicle unfit according to road safety protocols. The city government is liable for the penalties owed to an individual/group with respect to the suffering, pain, loss of income and other non-economic damages. In case of a similar accident, you have to make sure through significant claims of proof that the brakes were faulty due to an institutional failure by the city government for the proper maintenance and upkeep of city vehicles.

Legally the term negligence in such cases refers to the fact that the important steps to ensure basic travel safety, repairs and replacement were not performed by the city government for a vehicle according to the standard that is expected. The government has a duty of care towards the people. The scale and the length of the possible compensation will increase manifold in the event multiple individuals/vehicle were involved.

However, you must keep in mind that a lawsuit based on negligence is difficult to pursue as the proof of burden is usually on the plaintiff. You, as the affected party has to prove it to the courtroom that the government was unwilling to ensure the safety of its own people. In case the lawsuit involves multiple parties or an entity you will need an expert witness to validate a connection between the proposed negligence and evidence acquired through investigation.

Lack of proof

There can be cases of lack of evidence for negligence as well as defect claims to pursue a lawsuit against the city government. In such cases, you have to dig deep and find witnesses. Only through witness statements can the entire picture be completed and the evidence corroborated. Even in cases where there is a certain lack of evidence, you never know what witness statements might stakeout. Mechanics, company employees, and co-passengers might just know some information or heard some fact being mentioned in the passing related to the specific fault with the vehicle. Only due to an overwhelming lack of evidence, can be case be dismissed. So it is always advisable to plan ahead, investigate thoroughly before filing a lawsuit against the city government.

It is highly important to collect as much as information possible before holding an individual, government or company responsible.

2 months ago Laws , Personal Injury Calculator , Personal Injury Lawyers No comment

5 Factors To Consider When Choosing A Personal Injury Lawyer

When you experience injury or trauma as a result of an automobile accident, animal bite or even an injury at work, it is important for you to hire a personal injury lawyer. This is someone who will be able to represent you in court and make sure that you get fair compensation for your injury. According to IBIS World, there are more than 110,000 personal injury lawyers operating in the US. With this large number of professionals to choose from, it can be difficult to choose the right lawyer for your particular case. To make your search a bit easier, here are 5 important factors to consider when choosing a personal injury lawyer:

• Location

Different places have different by-laws that govern the legal system. Thus, it would be very helpful for you to hire someone who operates within your local area since they are well-acquainted with the legal framework of that area. In addition, hiring a local lawyer will also make it easier for you to meet with them for consultation. In addition, it will be easier for them to travel to the court location for the various hearings.

• Experience

An experienced lawyer is able to properly analyze your case and provide reliable advice that will help you to win a fair settlement. Before hiring a personal injury lawyer, always make sure that they have enough experience in handling such cases. You can ask them how long they have been in operation. You could also inquire how many cases they have handled within the past year. This will give you a good idea of how much experience they have.

• Cost

Like any other profession, lawyers usually have a specific fee that they charge their clients for services rendered. Some lawyers demand for upfront payment regardless of whether they win or lose the case while others operate on a contingency basis such that you only pay them if you win the case. It is recommended that you should find a lawyer who operates on a contingency basis since this ensures that they will remain motivated to pursue your case in the best possible way. You can visit foylelegal.com to get in touch with a personal injury lawyer.

• Focus of practice

Personal injury law is a wide field that includes many subcategories. For instance, there are lawyers who specialize in medical malpractice while others prefer to handle animal bites cases. Depending on the type of personal injury case that you are presenting, ensure that you find a reliable lawyer who specializes in such cases.

• Personality

Personal injury cases aren’t solved overnight. This means that you will have to spend a significant amount of time communicating with your lawyer and consulting them from time to time. For this reason, it is important for you to find a lawyer who possesses certain character traits such as good communication skills, patience and integrity.

When you consider all the factors stated above, you will be able to find the right personal injury lawyer to solve your case.

2 months ago Laws , Personal Injury Lawyers No comment

3 Fabulous Factors To Consider When Choosing A Birth Injury Lawyer

There are many stages in life. The stages one follows depend on what they want to do with their life. For example, if you want to have a career, you will go to school and specialize in that area. Furthermore, you will be on the lookout for jobs and opportunities in that area. All your focus will go towards making that dream come true. In the same way, if you want to have a family, all your focus will go towards creating time and space in your life for them. You will search for your soulmate, get married and have children. All these are blessings. However, when it comes time to give birth, complications may arise leading to incidences of birth injuries. According to onlinelawyersource.com, 6 babies out of 1000 babies born alive in the US incur birth injuries. It is very unfortunate when such injuries are caused by negligence or malpractice. In as much as the damage has already been done, you need to be compensated for your trouble by the parties involved. Furthermore, if the injury leads to permanent disability, you need the funds to make sure the child is well taken care of. Sometimes, the parties involved may deny responsibility. That is when you need to look for birth injury attorneys. Some of the features to help you choose the best include:

• Record

A lawyer’s record is very important. This refers to their track record. Does the lawyer tend to win or lose cases? It is important to evaluate this because it will play a big role in whether or not you will win your case. A lawyer who has lost numerous cases is unlikely to win yours. You could decide to take a chance and hire them but they might just disappoint you. However, a lawyer who wins most of his or her cases is on the right path and should be your first choice.

• Experience

Experience is the best teacher. This is because through experience, you are able to get a feel of different situations and you learn how to handle them. When it comes to choosing an attorney from lawyers malpractice birth injury, it is important to take into consideration their experience. How long have they been practicing such cases? Have they handled cases similar to yours? Do they know which steps to take to ensure your success? A lawyer who has been put in the same position before is likely to know what to do to make sure you win.

• Knowledge

Apart from experience, you need someone who has vast knowledge on what the law says about birth injuries. That way, they will know which defense to use in court. That is why, in order to win your birth injury case, you will need to hire a birth injury lawyer and not any other kind of lawyer. Remember that different lawyers specialize in different areas. Thus, get one that deals with what you are looking for. Otherwise, they won’t be able to defend you competently.

2 months ago Laws , Legal Fees , Personal Injury Calculator , Personal Injury Lawyers No comment

How knowledge of legal procedures helps in dealing with personal injury

The injuries that are suffered by a person are indeed very painful and might require extensive treatment for salvaging the problem. However, when a person gets wounded by the negligence of another person directly or indirectly, then the situation is not only painful but also unfair. In such cases, the person who has sustained injuries in the accident has the right to file a lawsuit.  

The need for knowing cases of personal injury in construction sites

In a construction area, there are lots of heavy equipment as well as machinery which is used for doing several tasks. When a person gets injured in a construction site without his/her fault, then it is a case of personal injury. The different instances of personal injury in a construction site and the people who can claim compensation are delineated through the following points:

• Negligence of the management – In such instances, accidents caused by the lack of safety gear which is to be provided by the construction company to the workers can be termed as personal injury resulting from the negligence of the management. All construction company owners ought to follow the safety protocols. If safety rules are not implemented then accidents caused will be the fault of the company owner. The negligence is not just about safety gears or protocols with respect to the workers. In a construction site, visitors can also come, and if they get injured due to the lack of proper signs, then that also falls under the category of personal injury. In some cases, trespassers also can claim personal injury caused in a construction site, but in that case, the claim will be evaluated by questioning the intent of the trespasser. Therefore, if there is any lack of attention of the company owners with regard to safety in a construction place and if that inattentiveness to detail has harmed a person then the company is liable to pay for the damages suffered by the person.
• The fault of workers working in the site – In many instances, it has been observed that a person gets injured in a construction site due to a projectile or falling object. However, when such objects fall due to the fault of other workers working in that site then the worker whose wrong deed has caused the accident is held culpable for the injury. The claim can be filed against the worker who has caused the accident.
• The injury resulting from faulty machinery – In a construction site, there are many machines which are being used for doing the work. However, if a particular machine malfunction as well as causes the accident then also a personal injury claim can be made. Accidents that involve the breakdown of machinery will take into account the condition of the machine which is being used. If it is found that by the construction company is using low-grade machines, then the company owner will be sent the legal notice for compensation. However, if it is found that the machine is purchased from a different company which has sold an unreliable machine, then that company will be charged with a personal injury lawsuit. However, the way in which the worker was working on or with the machine will also be evaluated to review if the worker was at fault while using the machine. In case the worker is at fault of incorrectly using the machine or not wearing the given protective gear while operating the machine then no personal injury claim can be made. For more information regarding the situations where personal injury claims can be made taking advice from Ask 4 Sam Attorney NYC is a suitable decision.

The process of filing the claim

In case of being in the unfortunate scenario where a person suffers from injuries caused by the wrong deed or mistakes of others then it is important to seek legal advice or help as soon as possible. It is always better to file the claim for personal injury as fast as possible. As a victim of personal injury an individual can go through the following points to gather information regarding the procedure of proceeding with a personal injury claim:

• Advice from legal websites – Many websites provide free consultation on legal matters to individuals. The free consultation is not accessible for a number of times, and each person can get one session of free consultation. If an individual is unsure about the validity of the personal injury claim or does not know how to go about the legal procedure then getting a free consultation is the best way to go about it. The consultation will give the person an idea about the claim that can be made by him/her and will also enable the person to move forward with a legal proceeding.
• Taking references of lawyers from known individuals – There are online resources where one can find many lawyers that specifically deal with personal injury cases. However, looking for references from known people is also a good idea. Taking references from known lawyers is also a good idea. It is true that all lawyers do not work in the same field of law, but they are bound to know the eminent lawyers in the field. Therefore, it is sensible to take references from known individuals.
• The appointment of a qualified lawyer – After taking in notes from online and offline sources a person should ask some vital questions to the lawyer before appointing him/her. The qualification of the lawyer is probably the most important aspect. All certified lawyers will be attached to the legal institute of the State. However additional certification that reveals greater qualification is always a plus point. It is also important to know if the lawyer has dealt with personal injury cases before to ascertain his/her ability to handle such cases.

Wrapping things up

Therefore, taking aid from an appropriate lawyer is the best way to handle personal injury cases.

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