If you have been injured on the job, you have rights under New York law for compensation and to have your medical bills paid. Here are some suggestions to protect your rights if you are injured on the job.
1) Report the injury to your employer.
You will have forms to fill out that will ask about the details of your injury and the circumstances of the accident. Fill it out as completely and as honestly as you can. This report will be part of the foundation of any workers compensation claim. Get a copy of those completed forms for your records. If you leave work without reporting the accident, you risk the workers compensation carrier fighting your claim because it may argue the injury didn’t happen in the course of your job.
2) Have your injuries treated by a medical professional.
Get treatment as quickly as possible at the most appropriate medical facility. If necessary, call an ambulance. Follow up care may be limited to physicians approved by your employer’s worker’s compensation carrier. As best as you can, follow the rules for treatment. If you don’t, you may lose medical cost reimbursement. Wherever you’re treated, make sure the intake forms state you were injured on the job. The treating facility should send medical bills to your employer, not you. These medical records will also be key documents in your case. You don’t want them to mistakenly state you were injured while away from work.
3) Don’t be shy.
Whether you’re filling out an accident form at work, filling out the hospital intake paperwork or talking to a medical professional, discuss every area of your body that’s been affected. Describe in detail what happened, what hurts, your limitations and how you were injured in the accident. If you later complain about a problem that should’ve been reported earlier, the compensation carrier may deny it was work related.
4) Workers compensation is no-fault coverage.
If you’re injured in the course of doing your job, compensation doesn’t depend on who caused the accident. Whether you, a co-worker, management or an outside party made a mistake, you should be covered. If your employer tells you otherwise, don’t believe it. That being said, do not work under the influence of drugs or alcohol. You may be required to take a drug test after the accident. If so, comply with the request. If you need to take medication that impairs your ability to work, discuss this with your employer before an accident happens. If you were under the influence at the time of the accident, you might not collect compensation benefits.
5) Stay out of trouble.
If you knowingly, with intent to defraud, make a false, material statement related to a workers’ compensation claim or workers’ compensation insurance, you’ve committed workers compensation fraud. That is a crime in New York, a felony punishable by fines and/or prison time. If you want to make extra money, this is not the way to do it and our law firm will have no part of it.
If you’ve been injured on the job, use common sense and follow this advice to protect your rights. As soon as you can, contact us for a free consultation to make sure your rights are protected.