- May 29, 2023
- Work Injury
Each year the US reports over two million work-related injuries and being a victim of a work injury can result in serious medical, emotional, and financial ramifications.
This is why it is so important that you know what to do after you have been injured at work, regardless of your job or industry.
Work injuries mean missed time from work, medical bills, and other expenses to which this deserves rightful payment. Along with financial and medical burdens, a work injury can cause emotional and social problems like depression, post-traumatic stress disorders, and diminished quality of life.
If you get injured at work, you must immediately seek your right to compensation. You can do this by scheduling a free consultation with a work injury lawyer or a workers’ compensation lawyer at Kaplan Lawyers in New York. Our New York work injury lawyers will fight to ensure you receive the medical care and compensation that you deserve.
How Long After a Work Injury Can You Sue in New York?
If you have been injured at work, one of the first questions you probably have is, “How long do I have to sue for work-related injuries?”
In New York, the statute of limitations for work-related injuries is three years from the date of injury. This is according to section 214 of the New York Civil Practice laws and rules. The reason for the three-year deadline is to ensure that your lawyer can collect sufficient evidence, as it can be difficult to gather evidence after so long.
It is highly advisable that you contact an attorney immediately after your work injury happens, as this can prevent you from making any mistakes that might hamper your case and benefits.
For example, you post videos or images on social media that make your injury less serious. This could lead to your case being dismissed.
Hiring an attorney will ensure that all your paperwork is correct and submitted on time. Once this deadline has passed, you cannot sue for a work injury.
However, it should be noted that you if have workers’ compensation insurance, then you cannot sue your employee. Instead, you will need to file a workers’ compensation claim.
Can I Sue My Employer After a Work Injury If I Have Workers Compensation Insurance?
Workers’ Compensation Insurance is paid for by the employee and offers medical care and cash benefits for employees who were injured at the workplace. This insurance also covers medical expenses like income if the employee spends time in the hospital.
In New York, it is a legal requirement that all employers pay toward their employees’ workers’ compensation insurance. While this is done to offer employees financial protection, it also offers protection to the employer from being sued by their employees.
Workers’ compensation insurance is unique because you cannot name your employer in a lawsuit as it is a “faultless” system. So even if it were your own fault for getting injured or the workplace, you would still have access to your benefits.
In a perfect world, workers’ compensation insurance would pay out enough for all medical expenses and other expenses, but this is not always the case. Some employees will only pay for the bare minimum benefits, and where does that leave you?
In the event that your worker’s compensation does not cover all expenses, you can then file a personal injury claim for the recovery of:
- lost wages
- medical expenses
- Lost income
- Lost work capacity
- Any other damages they might encounter because of their injury.
Is There a Statute of Limitations for Workers Compensation Insurance?
There is a time limit for when you need to submit your claim. In New York, you have up to 90 days to file your claim and up to 30 days to report your injuries.
You should not wait to do this until the deadline. You should report your injury immediately and seek legal advice.
Here is a straightforward guide to submitting your compensation claim.
Seek Immediate Medical Attention
It is so important that you seek medical attention right after you are injured. During your treatment at the clinic, doctor, or hospital, you must clearly state that the injury occurred while you were at your workplace.
Make sure to give the details of your employer and your workers’ compensation insurance. You should not use your own funds or health insurance to pay for this.
Submit the Claim
Your doctor will fill out the report and claim forms, which they will submit to the New York State Workers’ Compensation Board.
You will need to submit your C-3 form (employee claim form) within two years, or else you will lose access to benefits.
Ensure you fill in all relevant information, such as your full name(s), date of birth, social security number, and the specifics of your injury. It is a good idea to submit any medical or doctor’s notes that you have, as this will help the New York State Worker’s Compensation Board make its decision.
Notify Your Employer
You will need to notify your employer in writing within 90 days about your work injury, and they will then have to fill out an employer C-2 form.
Keep All Documents About Your Injury
In the event that your claim is not approved or there are some disputes over what will be compensated, you should keep all forms, documents, details, and specifics about the injury as evidence if you need to fight the decision.
How Do I Know If My Work Injury Will Be Covered by New York Workers’ Compensation Laws?
For your work injury to be covered by the New York worker’s compensation laws, your injury needs to meet the following requirements:
- Your employer has workers’ compensation insurance.
- Your injury, whether it caused an illness or disability, happened while you were at work performing your duties.
- You have a medical report that clearly states that your injury was caused by an accident on the job at your workplace.
- You have notified your employer of the injury within 90 days.
Difficulties in Getting Workers Compensation Benefits
Workers’ compensation and work injury claims are notoriously difficult, time-consuming, and complex, which is why you need experienced professionals to handle your claim for you.
Sometimes a claim is denied completely, or the injuries are downplayed to avoid rightfully compensating the injured employee for what they deserve, regardless of how much evidence was collected.
This is why you need to hire a workers’ compensation lawyer to help fight for you and ensure you get a successful outcome.
Your lawyer will be able to make sure that all claim procedures are followed correctly and that all forms are filled out properly. They will gather all evidence on how the injury happened.
This evidence will include the following:
- Video footage from surveillance cameras
- First responders
- Eyewitness statements
- Medical records
- Accident reports
- Any previous claims employer.
Your lawyer can negotiate a fair settlement with the insurance company; if this is denied, they will appeal these.
Difficulties in getting your compensation will often end up being dealt with at board hearings and in the courtroom. Your lawyer will be there to represent you as well as argue on your behalf in court.
What Happens If I Don’t Have Workers Compensation Insurance?
The New York State Compensation Board states that virtually all employers in New York must provide workers’ compensation insurance, but this doesn’t mean it covers everything. Some employers may not be eligible for this insurance.
You can find a full list of industries and businesses where that have access to workers’ compensation.
There are still other options available in the form of filing a personal injury lawsuit, and this needs to be done within three years.
Talk to your New York workers’ compensation lawyers to learn more about what benefits you can claim and how to do it.
Seeking Compensation from a Third-Party
If you were injured at work as a result of third-party negligence, you can file a third-party liability claim. This is someone other than your employer. If you were working with machinery that failed and you were injured because of that, you will be eligible to file a third-party claim.
A third party can be:
- product manufacturers
- Owners of a vehicle.
Our New York work injury lawyers will be able to advise if you are eligible and can guide you through the entire process from start to finish.
Contact Kaplan Lawyers Today
In New York, your employer is legally obligated to ensure your working environment is safe and provide employees with Worker’s Compensation Insurance. That means if you or your loved ones have been injured at work, you have a legal right to file a lawsuit and receive compensation for your pain and suffering.
Our New York personal injury lawyers are experienced and have successfully fought for the benefits of many of our clients through workers’ compensation insurance claims and personal injury claims. Contact Kaplan Lawyers today at (516) 399-2364 for a free consultation.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]