While most accident injuries require a lengthy claims process in order to recover compensation for medical costs and losses, injuries that occur at work constitute a special process in order to repay the injured party for their damages. Whether the injury was a result of an accident on a construction site or slippery office floors, employees are entitled to apply for workers’ compensation as a form of repayment.
The benefits of workers’ compensation are numerous. First of all, injured employees are guaranteed compensation for their injuries without having to wait through an insurance settlement. This means that the process is much more expedient than any personal injury claim. Furthermore, the insurance is paid for solely by the employer who cannot compel the employees to contribute to it at all. Lastly, workers’ compensation is paid out for all injuries at work without regard as to who was at fault or whether the injury was self-inflicted to a certain degree.
Keep in mind, however, that workers’ compensation payouts are often in amounts much less than what could be claimed in a personal injury suit. In essence, by accepting the guarantee of workers’ compensation, the employee in turn give up the possibility of a larger award through a personal injury claim.
In the event of certain serious injuries at work, it may be permissible to file a personal injury claim. The circumstances that allow for this are very special and require a certain degree of skill in order to determine the appropriate course of action. The best thing to do in the case of a serious injury at work is to contact a New York City personal injury attorney who can communicate the options available for that specific incident.
Some workplace incidents also permit a claim against third-parties involved in causing the accident. A third-party is a person or group not directly involved in the employer-employee relationship. For instance, the manufacturer of defective work-equipment may be held liable for an injury caused by their product at the victim’s place of employment. In such cases, the victim would not be eligible to claim workers’ compensation and must instead rely upon the outcome of their claim against the negligent third-party.
Work-related injuries that qualify for workers’ compensation must be filed in a timely matter. The outcome of the claim depends heavily on the punctuality of the application. For this reason, it is advised that injured employees contact a NYC workplace accident attorney immediately after they sustain injuries. This will allow for the victim and their legal counsel to explore the options available for claiming compensation and decide what route is appropriate for their situation. Although workers’ compensation claims can be made by individuals, they require total comprehensiveness and accuracy, because any mistake in the application can result in decreased recovery or altogether denial.
For this reason, it is highly advisable that a personal injury attorney be hired to file the claim in order to ensure accuracy and effectiveness. If you were injured at work and you believe you qualify for workers’ compensation, contact Greenberg & Stein, P.C. for dependable legal representation and counsel.