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Protecting Workers’ Rights In New York

/ Construction Accidents, Personal Injury, Workers Compensation /

NEW YORK – According to an experienced Accident Attorney, New York businesses must have workers’ compensation coverage for their employees. These benefits extend to nearly every kind of employee, including those injured in a construction accident, shipyard accident, farming accident, or another type of work-related injury. If you have been hurt on-the-job in New York, you are likely entitled to benefits.

What is a “work-related injury”?

It may seem obvious that work-related injuries take place at work; however, certain facts of a case may make it difficult to validate a claim. Some examples of obstacles that may deter a workers’ compensation claim are:

  • The incident occurred during the employee’s break
  • The incident occurred during a company event
  • The incident occurred through the victim’s own misconduct
  • The incident occurred because a work duty exacerbated a preexisting health condition

Receiving workers’ compensation benefits after a construction accident may still be possible in the above situations depending on other facts of the case, which is why we always suggest calling an experienced personal injury lawyer for a FREE case evaluation.

What are my rights if I get hurt at work?

Very few businesses are exempt from complying with New York’s workers’ compensation laws, meaning that, if you work for a company of any size, part-time or full-time, or even if you volunteer, you likely have benefits waiting for you if you become injured or ill in the workplace.

  • By law, it is your right to file a claim through your employer’s workers’ compensation insurance policy when you become injured or ill at work.
  • You also have the right to see a doctor and receive medical treatment.
  • If your doctor releases you, you have the right to return to your position in the workplace.
  • If you cannot return to work because your injury or illness prevents you from doing so, whether the condition is permanent or temporary, you have the right to disability compensation.
  • You have the right to appeal any decision made by your employer, your employer’s insurance company, or the New York Workers’ Compensation Board.
  • You have the right to an attorney to represent you throughout the process of obtaining workers’ compensation benefits or that of filing a lawsuit against your employer.

How You May Lose Certain Rights

If you choose to pursue workers’ compensation benefits, you automatically void the right to sue your employer, coworker, or any other party that may be responsible for your injuries. Additionally, failing to report the injury altogether can cause you to lose the opportunity to receive workers’ compensation benefits. It’s important to report your accident to your employer as soon as possible, as there is a short window of time in which you may pursue a claim.

Our Bronx construction accident attorneys have helped many workers get the best results possible from their claims, and it all starts with on call. Discussing your rights and legal options with a qualified workers’ compensation lawyer in New York. At Cellino & Barnes, our top priority is to help you get the maximum compensation you are entitled to by law.

Call one of our Bronx construction accident lawyers at any time for a free case review.

Cellino & Barnes (800) 888-8888

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