The procedures concerning an injury or illness in the work place often seems like the rules to a complex game. Hopefully, this is a game you will be able to sit out for the duration of your career at work. The reality is, that there are very few workers who have not suffered some kind of work related injury or illness. The nature of the work exposes every worker to a range of possible injuries;

• - vehicle accidents
• - lifting injuries
• - repetitive motion trauma
• - blocked ears
• - infectious diseases
• - carpal tunnel syndrome

others Although not every work-related injury may at first be considered serious, it can develop into one later.

For example, the “minor” back strain caused by lifting is exacerbated over time by continued lifting incidents. This type of injury is commonly not realized as a work related injury and is usually not reported to the employer in a timely fashion. It may not necessitate medical treatment, which could result in the denial of your claim.

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Almost all jobs are covered, but there are a few exceptions. For example, corrections officers and court officers are covered but police officers are not. Call us to ask about your situation.

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If you have an injury or had another disabling condition that is somehow related to your employment then you may be entitled to Workers' Compensation benefits. This includes many different types of disabling conditions, such as carpal tunnel syndrome, heart attacks (even if they happen at home), or respiratory problems, just to name a few. If you have a disability that you think may be in some way related to your job, call us to see if you can be compensated.

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Once you get injured, or learn that your disabling condition is related to your job, you must give written notice to your employer within 30 days. Many employers have a report form for you to complete, but your letter or note to them can be sufficient.

You also must file a C-3 claim form with the Workers’ Compensation Board within 2 years. When you come to us, we will help to complete the necessary forms and will make sure that it is filed promptly with the Workers’ Compensation Board.

It is not a good idea to wait! Give your notice and file your claim

But what if 30 days have already passed, and you have only given oral Even if you did not give any type of notice to your Employer/Supervisor

within 30 days. Also, in some situations even if the notice was not given until

long after. Of course, you should always give written notice of the accident

and right away. It strengthens your credibility and expedites your benefits.

notice? You should still file your claim. The requirement for written

notice is often excused, and just having told your Employer/Supervisor

about it is often good enough. There are even some situations where the late notice

is excused even if you did not give any type of notice to your Employer/Supervisor

within 30 days. Also, in some situations even if the notice was not given until long after.

Of course, you should always give written notice of the accident and injury as soon as possible. Even if the 30 days have passed, and even if you have already previously told your employer about it.

Obtaining professional representation to assist in securing benefits in Workers’ Compensation is not only a bargain but also a sensible step to insure your rights.

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Don't assume that you are not covered. The fact that you get a 1099 form for your taxes is not the deciding factor. Whether you are an independent contractor, in a technical legal sense, it is determined based upon many factors. It may turn out that in the eyes of the law you are viewed as an employee of those who hired you, or of those that oversee your work. Call us to discuss your situation.

It makes no difference. New York's Workers’ Compensation system is a “no-fault” system. The cause of your accident is not even considered a factor in the case. It does not matter whether you caused the accident, or it was due to the negligence of someone else. [This is the opposite of a personal injury lawsuit, where negligence is one of the central elements of the claim. Even if your injury was your own fault, you are still entitled to the same benefits as everyone else.

There are some very limited exceptions to this rule, which will be discussed with you if it becomes relevant.] In fact, in many cases a person can receive benefits even if there is no explanation for the cause of the injury, as long as the accident occurred at the workplace

.

Obtaining professional representation to assist in securing benefits in Workers’ Compensation is not only a bargain but also a sensible step to insure your rights.