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Common Misconceptions About Filing Work Injuries Compensation in NY

Illustration of Workplace Injuries Leading to Chronic Pain - Depicting various work-related activities that can cause trauma or repetitive stress injuries, resulting in persistent aches and soreness.

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Almost every adult needs to find a job and work to pay the bills and take care of themselves and their families. For some, that involves sitting behind a desk, checking customers out through a grocery line, or another type of relatively safe work environment. Others, though, have more hazardous occupations with higher incidents of injury on the job. Occupations like construction or manufacturing often cause serious work-related injuries. The employees who sustain a work-related injury should be provided workers’ compensation benefits to help pay for medical expenses and other costs associated with the injury.

What Is Workers’ Compensation?

Regardless of the industry, it is recommended (and required in certain states) that businesses invest in workers’ compensation insurance. This is a way for companies to protect themselves from the potential of bankruptcy should one of their employees sustain a serious injury or illness while on the job. Workers’ compensation insurance pays a certain amount per the company’s policy to victims for their medical expenses, lost wages, and other costs directly resulting from their work-related injury.

In order to collect their workers’ comp benefits, the employee needs to file a compensation claim, which is best handled by experienced workers’ compensation attorneys who are aware of the laws and regulations governing this particular legal field. When fair compensation for work injury claims filed by those injured on the job is the goal, it is important to have a good attorney-client relationship with a lawyer who has a deep understanding of workers’ compensation laws.

An injured employee hoping to file a workers’ compensation claim will likely need to be evaluated by a medical professional whose report can verify that the injuries incurred result from work performed. Workers’ compensation benefits may rely heavily on the doctor’s examination. A workers’ compensation insurance company will only accept the claim if the connection between the injuries and the job is clear.

Common Misconceptions about Filing a Workers’ Compensation Claim

As with other personal injury lawsuits and legal fields, workers’ compensation claims and the laws which govern them are complex. Many misconceptions about filing a work injury claim have developed over the years. Here are some of the most common ones regarding the process for filing a workers’ compensation claim:

  • Workers’ compensation benefits will only be paid for injuries incurred while performing your job duties.
  • This is not true. When an injury occurs, it must be during your employment but not necessarily while doing your job. If, for example, you fell on a wet floor while walking to the bathroom, you may still be eligible to file a workers’ comp claim.
  • Your job site is the only eligible location for workers’ comp coverage.
  • Your employer’s insurance company will obviously evaluate the specifics of the accident, but a workplace injury does not necessarily have to occur on the grounds of your job site. If your occupation requires you to drive during the course of your job duties (not just commuting to work), you may still be eligible to collect under workers’ comp insurance.
  • Your employer will help you with your work injury claim.
  • It is important to remember that you are essentially trying to sue your employer for a job-related injury. A very unlikely occurrence would be your employer assisting you as you pursue compensation. The injured workers are the only ones in a company who will be standing up for their legal rights and fighting for maximum compensation. Hiring an experienced personal injury attorney can be highly beneficial when you seek compensation.
  • Your employer may fire you because of your workers’ comp claim.
  • According to workers’ compensation laws, it is illegal for employers to fire employees who are pursuing their legal rights to take advantage of workers’ comp insurance benefits. When you sue your employer, they will likely not be happy about it, but they cannot fire you just because of the workers’ comp claim.
  • Workers’ compensation covers all possible losses from a workplace injury.
  • If you have hired a personal injury law firm to handle your case, the legal advice you will receive will include the fact that workers’ compensation does NOT cover all losses from a workplace injury. In most cases, the insurance company benefits will cover some or all of your medical treatment and a portion of your lost wages. You may need to fire a personal injury claim to get coverage for pain and suffering, scarring and disfigurement, and emotional trauma.

If you have questions or concerns about your workplace injury and how a workers’ compensation doctor can provide you with help with your claim, contact us today.

Contact Us About Your Work-Related Injuries Claim

If you or a loved one has been injured on the job and needs a doctor in your area, who specializes in work-related injuries to help you with your disability compensation claim, contact medical experts at Workers Comp to discuss your case.

Injured employees who sustained physical injuries in a workplace accident deserve to fight for compensation. Our team can assist you in getting the right doctor near you.

When you have been injured on the job, you should not be forced to fight for your legal rights to workers’ compensation benefits on your own. An experienced physician can examine you thoroughly and help you showcase that your injuries were the result of your experience at work. It is challenging to accept that you may have to sue your employer, but it is worth the effort for the compensation you need. Contact Workers Comp to set up an appointment with a physician near you. Don’t leave your well-being and health to chance!


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