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New York Workplace Accident Lawyers Representing Injured Employees in Troy
On the job injuries in Troy, NY can be devastating. Not only can a workplace injury end up costing a significant amount of money in medical bills, but it can also result in a temporary or permanent disability that prevents an employee from continuing to work and to earn a living. If you got hurt at work, you may be eligible to seek financial compensation. Many injured workers can be eligible for workers’ compensation benefits, and some may be able to seek compensation through an additional lawsuit. One of the experienced Troy personal injury lawyers at our firm can assess your situation for you today and help you to move forward with the claims process.
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In most places, when a construction worker gets hurt on the job, the only option for that construction worker to seek financial compensation is to file a workers’ compensation claim. Indeed, in most states, the workers’ compensation system is known as an “exclusive remedy,” which limits the worker’s ability to seek compensation by filing a …
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While construction workers in New York can be at risk of serious injuries from many kinds of accidents, those construction accidents that involve electric shocks and electrical currents can be particularly devastating. The Occupational Safety and Health Administration (OSHA) identifies electrocutions as one of the leading causes of death on construction sites across the country, …
Understand Troy Accidents and Injuries That Happen on the Job
Accidents that happen on the job can be wide-ranging, and employees can sustain injuries in many different ways. Examples of some of the types of accidents that happen on Troy worksites include but are not limited to the following:
- Motor vehicle accidents;
- Construction site accidents;
- Slips and falls at work;
- Being struck by an object at work;
- Muscle strains from lifting heavy objects;
- Exposure to toxic substances; and/or
- Repetitive motion or overexertion injuries.
How to Seek Workers’ Compensation for a Troy, NY Workplace Injury
If you sustain an injury in an accident on the job, the first step in seeking financial compensation for your injuries is typically to begin the process of filing a workers’ compensation claim through the New York Workers’ Compensation Board (WCB). The following are the steps you should take when you are planning to file a workers’ compensation claim in Troy, NY:
- Get medical treatment as soon as possible. Unless you have experienced an injury in a workplace accident that requires emergency treatment—in which case you can see any healthcare provider—you will need to receive treatment from a healthcare provider who is authorized by the WCB.
- Inform your employer about the injury as soon as is possible and practicable, but at least within 30 days of the injury and in writing. When you provide written notice to your employer about the accident and your injury, you will need to provide the date of the injury and the circumstances surrounding it. If you fail to notify your employer within 30 days from the date of the accident, you can be barred from obtaining workers’ compensation benefits.
- Complete your workers’ compensation claim form (Form C-3). While you should file your claim with the WCB as soon as possible so that you can be eligible for financial compensation on the sooner side, you must file your claim within two years from the date of your injury. If you do not file your claim within two years, you may be ineligible to receive workers’ compensation benefits.
To be eligible for benefits, your injury must arise out of the course of your work. Since workers’ compensation is a no-fault system, you do not need to prove that anyone was at fault or negligent in causing your injuries. Instead, you only need to prove that your injury arose out of your employment—whether you or another party was at fault for the accident.
When You May Be Eligible to File a Lawsuit in Addition to a Workers’ Compensation Claim in Troy
Generally speaking, the workers’ compensation system in New York is a no-fault exclusive remedy for injuries that happen in accidents on the job. In other words, as an exclusive remedy, an injured worker cannot file a negligence claim against his or her employer if that employer’s negligence caused the workplace accident. However, there are a couple of scenarios in which an injured worker may be able to file a lawsuit in addition to seeking workers’ compensation benefits:
- Third party was responsible for the accident, and the injured worker can file a lawsuit against that third party; or
- Accident happened on a construction site and the employer violated New York Labor Law protections.
Contact a Troy On the Job Injury Attorney Today
If you suffered an injury on the job, it is critical to begin working with an experienced Troy workplace injury lawyer who can help you to seek financial compensation for your losses. Depending upon the circumstances of your injury, you may be able to file a workers’ compensation claim, and you could be eligible to seek additional compensation by filing a lawsuit. One of the experienced Troy on the job accident attorneys at our firm can assess your case today and can help you to determine your options for obtaining financial compensation to cover your losses. Contact Powers & Santola, LLP for more information about how we help injured workers in Troy and throughout upstate New York.
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