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What to Do If You Are Injured on the Job

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What if you are on the job and you require medical treatment, rehabilitation or are left unable to work because of sustained injuries or illnesses? Here is some Workers’ Compensation 101 to clear up some questions you may have:

What is Workers’ Compensation?

Workers’ Compensation, also known as Workmen’s Comp, is a form of insurance paid for by the employer to cover any injuries that may occur on the job. It can cover medical expenses, rehabilitation expenses and disability coverage to compensate for lost wages.

Worker’s Compensation can also cover pre-existing conditions if the condition was made worse as a result of your job. Illnesses as a result of being exposed to something while you are working are also included in coverage.

If an employee is temporarily unable to earn wages because of his or her injury, they generally receive provisional disability payments of two-thirds of their wages or up to a fixed amount set by law. However, if an employee if left permanently incapable of doing the work prior his or her injury, they could be entitled to receive a lump-sum or long term benefits. Workers’ Compensation also pays death benefits to the dependents of the worker who had passed away due to his or her work-related injuries.

When are you covered for Worker’s Compensation?

You can file for Worker’s Compensation if you are injured on the job, doing something that your employer asked you to do and when you are in area that your employer owns such as a parking lot during work hours.

What do I do if I have been injured on the job?

1. Seek medical help and treatment from a health care provider that has only been authorized by the Worker’s Compensation Board, except in the case of an emergency. Make sure to list all your medical and physical complaints truthfully and accurately. This is important to receive the right treatment; in addition, this information will be used to build your case, so be sure that the medical worker records everything. Let the staff know that this occurred during work. By doing so, your bill will be sent to the workers’ compensation insurance company or your employer, and not to you.
2. Notify your supervisor promptly and inform them how the situation occurred. If you fail to inform your employer of your injury within 30 days in writing, it is possible to lose rights to workers’ compensation benefits. In the case of an illness, you must notify your supervisor within two years of disablement.
3. Fill out and complete a claim for workers’ compensation and mail it to the nearest Workers’ Compensation Board.

What is a third-party claim?

In certain situations, a worker that is also injured on the job may also be entitled to make a third-party claim. A third-party claim is when an injured worker can sue a third party that is not their employer but that he or she believes to have been involved in the incident that caused his or her injuries. An example of a third party claim would be if a mailman was delivering a package to a home and a dog attacks him or her. The mailman may be able to file a suit against the property owner or the dog owner. Another example is if an employee sustains an injury while operating machinery on the job and he or she believes it may have been caused by faulty manufacturing or a faulty product.

What is excluded from Workers’ Compensation?

It is possible for coverage to be denied if your situation includes any of the following:

• Self-inflicted injuries
• Injuries as a result of horseplay
• Felony-related injuries
• Injuries caused by drugs or intoxication
• Injuries as a result of a fight started by the employee
• Injuries claimed after the employee has been laid off or terminated
• Injury that occurred while the employee was off the job.
• If you are an independent contract worker

Worker’s Compensation laws are similar throughout the states, however, each state has different policies about how to file claims, eligibility, and the amount of benefits. If you find yourself in this situation, it is important to stay informed about your rights as a victim throughout this tricky and sometimes complicated process. The extensively experienced attorneys at Daniella Levi & Associates, P.C. are ready to fight for you. Call (718)-380-1010 if you would like a completely free consultation.

Establishing negligent maintenance in a civil claim

Negligent maintenance and poor property conditions may be the cause of what initially seems to be a simple accident on property belonging to another party. Essentially, private or commercial property owners could be financially liable if certain hazards endanger the well being of someone lawfully on the property. Establishing negligent maintenance as the reason for an injury may be challenging, but it is possible to provide evidence and documentation in order to secure a successful outcome to a premises liability claim.

When a New York state resident enters either private or commercial property, he or she does so with the expectation of safety. When an accident occurs, the injured party should first seek any needed medical assistance. This also provides documentation that could be useful for validating a civil claim filed against the property owner and/or another party in control of the premises. It can be beneficial to secure any type of documentation that could support a claim, including photos of property conditions or injuries.

It can be difficult to firmly establish that a property owner was negligent, especially if there is a dispute regarding whether the injured party was invited onto the premises. Numerous factors will be considered, including the condition of the property, the normal use of the property and the reasons that the injured party was on the property. These cases can be rather complex, but the injured victim will find it useful to have assistance from a New York attorney experienced in handling premises liability claims.

A claim based on negligent maintenance may the best choice for someone injured on the property of another party, but it is best to explore all available options before filing a claim. A victim may first seek a complete case evaluation in order to determine the best course of action after an injury. Understandably, it is best to reach out for help as soon as possible after an accident.

Source: Findlaw, “Premises Liability: Who Is Responsible?“, Accessed on Feb. 3, 2015

Winter storm Juno may lead to more premises liability claims

As winter storm Juno swept across New York and other parts of the Northeast, it left behind piles of snow and the possibility for premises liability claims. New York residents know that it is common for snow and ice to accumulate on sidewalks in the winter, but it may not be as commonly known that private property owners could be at least partially responsible for slip-and-fall accidents. When a person is injured on a sidewalk or driveway, the injured victim may consider filing a premises liability claim.

In New York City, residents are responsible for cleaning snow and ice off of walkways. Failure to do so could result in fines and even jail time. This also includes public property, such as sidewalks, that is adjacent to private property, such as a driveway or walkway. In the winter, it is especially important for homeowners and property owners to be vigilant and clear hazards that could harm others.

When a person is injured on personal property, the owner could be considered financially liable for damages, such as physical injuries and medical bills. Victims who are unsure of who or what played a role in their accident may benefit from seeking a complete evaluation with a Accident Attorney. This can provide a clear picture of legal options.

Identifying the liable party in a premises liability claim can be a complex process. For this reason, injured victims will likely benefit from seeking assistance as soon as possible after an accident. Icy sidewalks and snowy walkways are a common winter inconvenience in New York, but that does not diminish the personal responsibility of private property owners.

Source: Time, “The $300,000 Reason You Should Shovel Your Walkway ASAP“, Kerri Anne Renzulli, Jan. 27, 2015

In a New York premises liability case, a plaintiff may not be able to conclusively prove that a defendant’s negligence caused an injury. However, there may be enough circumstantial evidence available to lead to that conclusion. In such a case, a plaintiff would be establishing his or her case through the doctrine of res ipsa loquitur, a Latin phrase that can be translated to “the thing speaks for itself.

There are three elements that a plaintiff must show before a jury can find for the plaintiff in a case that is predicated on res ipsa loquitor. First, it must be shown that the event couldn’t take place without someone’s negligent behavior. Second, the evidence must rule out the possibility that the plaintiff’s actions led to an injury. Finally, it must be shown that the defendant had a duty to protect the plaintiff.

A defendant may not be found liable under this doctrine if he or she can prove that one of the three criteria weren’t met. For instance, a property owner wouldn’t have due care to protect a trespasser if he or she got hurt. If the plaintiff ignored warning signs or was in an area without protective gear, those actions may have caused an injury.

An individual who is injured while at the grocery store or on any other unsafe premises may wish to contact a premises liability attorney who may be able to establish that negligence on the part of the property owner was the only way in which an accident that led to injuries could have occurred. This may entitle an individual to compensation that could include the costs of medical care.

Source: FindLaw, “Res Ipsa Loquitur”, accessed on Jan. 20, 2015

Numerous people suffer personal injury every year due to conditions on public property in New York. People who are injured may be unaware that they might be able to recover damages for any injuries received from the governmental agency that owns the property.

Government agencies once held broad immunity in the event a person was injured on government-owned land. Prior to the Federal Tort Claims Act of 1946, people who were injured due to the negligence of government employees had no recourse. Now, local, state, county and federal government employees and agencies may face liability for personal injuries occurring on their property if certain circumstances apply.

Typically, property owners owe a duty of care to people who are on their property. The duty will vary depending on why the other person is there. Governmental bodies may still enjoy a lowered duty of care to people who are using a maintained property. Many injuries occur on sidewalks or in public parks due to conditions that are known hazards and, as such, should have been repaired.

An individual who is seriously injured due to problematic conditions existing on public property may be able to recover compensation for his or her loss through a premises liability lawsuit. As governmental immunity is often asserted and may be a sticking point in such cases, people who have been injured under such circumstances may find it beneficial to seek out the help of a Accident Attorney who is familiar with the limits of governmental immunity. If successful, injured victims might be able to receive compensation for medical expenses, ongoing treatment needs, lost income and other damages categories.

Elevator accidents can cause injuries and death

Many people in New York City use elevators everyday without thinking about the potential risks. If an elevator is poorly maintained, occupants could be exposed to hazards that could lead to injury and death. According to the U.S. Bureau of Labor Statistics, 27 people die in elevator accidents every year while 10,200 people suffer from nonfatal elevator injuries.

An elevator accident may happen because of a number of different problems. For example, a malfunctioning pulley system or another defect could cause an elevator to suddenly drop to the bottom of the shaft. Faulty doors on an elevator could also pose a risk to elevator passengers by exposing them to falls through an open shaft. There are also cases where faulty wiring could make elevator occupants vulnerable to electrocution. Trip-and-fall accidents can occur if the elevator does not line up properly with each floor.

Statistics gathered by the U.S. Labor Department’s Census of Fatal Occupational Injuries has shown that half of the fatal elevator accidents that take place each year involve elevator maintenance workers and workers who use elevators at their jobs. Half of those fatal accidents involved the victim falling into the elevator shaft.

A person who has been injured while using an elevator might have a case for filing a premises liability claim. To present a strong claim, the plaintiff might need to gather evidence that suggests that the property owner was negligent in their responsibility to maintain a safe elevator. Many plaintiffs in this type of case choose to seek help from an attorney.

Source: Consumer Watch, “Elevators“, January 08, 2010