Someone Got Hurt at My Job, What Can I Do?
Unfortunately, on the job injuries happen in our workplaces every day. In fact, over 800,000 workplace injuries happen to American employees every year, and some of them are office injuries while others occur on all types of job sites. Employee negligence and errors are one of the main causes of on-the-job injuries.
If an employee at your job is injured, they have a right to collect workers’ compensation benefits. Whether your co-worker was injured by another worker’s mistake or in another manner, negligence, or fault, is not a factor in workers’ comp. The fact that they were injured at work or in your office is all that matters.
Workers’ compensation benefits pay for medical expenses, out-of-pocket expenses, and about two-thirds of lost wages.
If one of your coworkers has been injured at your job, you can help them by providing first aid and contacting a medical professional so that they may receive appropriate care. Once they are safe and being treated, you should notify your supervisor or boss about the accident, take cell phone photos of anything that may have caused the accident, and write down the names of those who may have witnessed what happened. All of this information can be a tremendous help to your coworker as they file for compensation for an on-the-job injury.
When a coworker is injured on the job, they could be facing months of recovery and may be left with a permanent disability. Workers’ compensation only pays their medical bills and a part of their lost wages up to specific limits. If your your coworker’s on the job injury was caused by a negligent party that is not one of your co-employees, , they may have the right to file a third-party lawsuit with a Queens personal injury lawyer.
Unlike workers’ comp benefits, your coworker’s lawsuit could seek to recover all their damages including medical expenses, lost wages, pain and suffering, and more.
Normally your injured coworker can’t sue their employer, which is the trade-off for having workers’ compensation benefits. However if it turns out that your boss does not have worker’s compensation insurance then your coworker could choose to sue your employer instead of accepting worker’s compensation. There are a number of issues to consider when deciding to accept worker’s compensation from an uninsured employer or to sue them. If your coworker believes that they may have a case against their employer, they should contact a Queens personal injury lawyer to have their individual situation evaluated.
If you are the employer and someone suffered an office injury there are certain steps you should take.
Always Maintain Your Worker’s Compensation Insurance: Worker’s Compensation Insurance is not only to protect the employees, it is there to protect you as the employer. In return for providing worker’s compensation insurance, you are protected against a lawsuit for negligence of your employees.
Document the injury: Get written statements and contact information from anyone who witnessed the accident.
Notify your Insurance Carrier: Send a written notice of the office accident to your insurance carrier and follow-up with them after about 7 days to confirm they’ve received the claim and to obtain the claim number.
If a claim hasn’t been made against you, your insurance carrier may not take a position with regards to whether or not there will be coverage. Anything your insurance company sends you should be kept in a safe place for at least 3 years from the date of the injury.
You may be served with a summons and complaint or you may just receive a letter from a personal injury lawyer telling you that a claim has been made against you or your business.
Request a written coverage position letter from your insurance carrier to make sure they accept the claim and that they agree to defend you. Follow their instructions.
Office injuries are an unfortunate part of working, and it’s important to be supportive and responsive to the injured coworker.
The team at Greenberg & Stein has handled all manner of office injury cases in New York City and we are standing by and ready to help. If you or a coworker has been injured on the job, then don’t delay in reaching out to us. Our team has more than 75 years of combined experience handling all manner of workplace injuries and can advise you on the legal options available to you following an accident.
Every case is different, but our firm is devoted to client satisfaction and offers personalized service, no matter how big or small the case. We firmly believe that no one should lose money due to medical bills, missed paychecks, or lost future employment opportunities due to a work-related accident. If you’ve been injured on the job, speak to one of our workplace accident attorneys here at Greenberg & Stein to discuss whether your case might qualify for additional compensation. Call us today at 888-411-3966 to schedule your free legal consultation.