How Do Workers’ Comp Multiple Injury Settlements Work in NY?
Workplace injuries are very common, especially for some types of jobs. In some cases, workplace injuries can be minor and the injured worker is able to return to work on the same day. Unfortunately, there are also a lot of injured workers that suffer severe lesions that can prevent them from working for the rest of their lives.
In the state of New York, all employers are required to provide workers’ compensation coverage to their employees. That means that if you suffer an injury at work, you are entitled to file a workers’ comp claim to be reimbursed for your injuries and lost wages.
But what happens if you suffer multiple injuries? If you suffered multiple injuries after an accident, you are able to file a workers’ comp case to recover compensation for your medical expenses caused by all the injuries you suffered after the accident.
For example, if you work as a driver and you get involved in a car accident while working and you break your arm, and two ribs and you also suffer a whiplash, you do not need to file a claim for each injury.
It does not matter if every work-related injury belongs to a different area of medicine or if you need to receive medical treatment from multiple health care providers, you are still entitled to file a claim. Nevertheless, if you suffered multiple accidents and those accidents provoked multiple injuries, then you will most likely need to file more than a workers’ comp claim with the insurance company of your employer.
It is also possible to file a claim after an accident that caused an immediate injury and another claim for an injury or disease that you developed after working under certain conditions for an extended period of time.
For example, if you work in construction and you get hurt by an object that fell on your head, you can file a workers’ comp claim for that injury. However, if you discover that you have a lesion on your lower back as a result of years of heavy lifting, you can submit another workers’ compensation claim to seek reimbursement for that injury.
If you are unsure if you need to file multiple workers’ comp claims, you should contact a workers’ compensation attorney to get formal legal advice.
What Injuries Are Covered By Workers’ Compensation?
Workers’ comp covers the majority of injuries. This encompasses injuries caused by a single incident as well as illnesses or diseases that can develop over time when working in certain settings. For example, if you are burned at work by a hot liquid, you can make a workers’ compensation claim.
Similarly, if you develop pulmonary disease as a result of years of inhaling chemical fumes at work, you can make a workers’ compensation claim. Of course, there are some injuries that are more common than others, here is a list of the most common injuries:
- Low back pain
- Sprains and strains
- Spine cord injuries
- Traumatic brain injuries
- Hearing loss
- Head injuries
- Herniated disc
- Psychological injuries
How soon after a work injury in New York may I file a workers’ compensation claim?
In New York, injured employees have two years from the date of the accident or the date they found out they were injured or sick to file a workers’ comp claim with their employer’s workers’ compensation insurance company. Nonetheless, injured employees should report their injury to their direct supervisor as soon as possible.
Similarly, starting the process to file a claim as quickly as feasible is crucial. If you take too long to file a workers’ compensation claim, the insurance company may argue that your injuries are not as severe as you claim and that may jeopardize your compensation.
How are multiple injury workers’ comp settlements calculated in NY?
In New York, multiple workers’ compensation settlements are calculated the same way as settlements for just one injury. The injured employer is entitled to receive medical benefits or compensation for their medical bills that were caused by a workplace injury. Workers’ compensation benefits also provide compensation for their lost wages.
However, injured employees can only receive cash benefits for the first seven days they are out of work if their disability prevents them from working for more than 14 days. For example, if you get injured and you can’t work for 10 days, you can only get paid for the last three days. On the other hand, if your disability prevents you from working for 30 days, you will get paid for all the days you couldn’t work.
During the time you are on workers’ comp, your benefits will be two-thirds of what your average weekly salary was before your injury multiplied by a percentage that corresponds to your level of disability. Just keep in mind that the maximum amount of money that can be paid is $934.11 per week.
What Makes Workers’ Compensation Different From Personal Injury?
The main difference between workers’ compensation claims and personal injury claims is that workers’ comp claims are used strictly for injuries suffered at work. In every state, there is also a commission or board that supervises workers’ comp claims to make sure that the laws are applied correctly.
Since every employer is required to have workers’ compensation coverage for their employees, you should not be filing personal injury claims. Additionally, when you file a workers’ comp claim, you cannot pursue further compensation by filing a personal injury claim against your employers if you are trying to sue them for negligence. If your employer does not have workers’ compensation coverage, then you can file a personal injury claim because they are still financially responsible for your injuries.
If your employer does not have workers’ comp coverage, the best thing to do is to contact a workers’ compensation attorney to review your legal options.
How long do multiple injury workers’ comp claims stay open?
In New York, the claim can be active for two years from the date of the accident or the date of the last payment. Whichever date is later will be used to begin counting down the two years before the statute of limitations expires.
Do you know your rights if you’ve been hurt at work?
Not everyone is fully aware of their rights. A lot of people do not get the compensation they deserve for their injuries because they do not understand the law and the benefits they are entitled to. If you have suffered an injury at work, you should not be bearing the huge financial burden it can cause.
Workers’ compensation benefits were made to protect workers. Greenberg & Stein P.C. is a prestigious law firm in New York where you can find attorneys who have vast experience handling workers’ compensation cases.
Our legal team has helped numerous clients receive the compensation they deserve. If you need help with your workers’ compensation claim, contact us at 212-681-2535 to schedule a free consultation with one of our lawyers to review your case.