John A. DeGasperis, Esq.

What to Know About Workers’ Compensation Claims in New York

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Our firm recognizes that workplace accidents can cause severe physical, emotional, and financial burdens on those injured. If you are facing this situation, you are not alone. Continue reading to learn more about your legal options, and speak with an experienced and dedicated Ulster County work injury lawyer today to discuss your potential workers’ compensation claim.

What is a workers’ compensation claim in New York?

All for-profit and most non-profit employers are expected to have workers’ compensation insurance. This insurance is used in the event that an individual is hurt on the job. In this situation, that individual will likely file a workers’ compensation claim to seek compensation for his or her injuries from his or her employer’s insurer, rather than the employer.

It is critical that if you were injured on the job, you will want to notify your employer as soon as possible. That is because, in order to file a workers’ compensation claim, you will need to do so within 30 days from the date of the accident. Once you timely file, you should obtain compensation to help you with medical bills and some of your lost wages.

What is a third-party claim?

In other work accident injuries, the amount recovered in workers’ compensation insurance benefits does not completely cover the expense of the injury. In this case, you may want to reach out to a firm that can file a third-party claim. This type of claim can hold the third party liable (not your employer) for your injuries. Some common examples of third parties include property owners, building architects, product designers, manufacturers, and more.

It is important to understand that in New York, you will have three years from the date of your accident to file a third-party personal injury claim, in agreement with the state’s statute of limitations.

What should I do after a workplace accident?

If you were hurt in a workplace accident, it is essential that you take a number of different steps to report the details of the incident. If you are able, be sure to do the following:

  1. Call 911. The police can dispatch an ambulance to the scene and write up a police report of the incident.
  2. Inform your supervisor and/or employer of your accident.
  3. Take photos and videos of the unsafe conditions that resulted in your accident.
  4. Seek medical treatment and obtain a copy of all medical documentation associated with your injuries.
  5. Retain the services of a skilled Ulster County work injury lawyer as soon as possible.

To learn more about what you should do after your workplace accident, reach out to our firm today and speak with a skilled Ulster County personal injury lawyer.

Contact Our Experienced Ulster County Firm

If you require legal representation for personal injury matters in New York, contact John A. DeGasperis, Esq. to schedule an initial consultation to learn more about our services and how we can assist your upcoming legal process.