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Writer's pictureAlex Maltese

Injured at Work? How to Prove Fault for a Work Injury in NY

When an employee's injury prevents them from going to work, they often have to deal with medical expenses at a time when they do not have a regular paycheck coming in. This can put a lot of strain on worker and their family.


As such, workers' compensation laws in New York have been designed to assist injured employees by giving them some financial support until such a time they can return to their normal duties.


In most cases, employers are willing to make contributions to their business's workers' compensation policy, and the funds are readily available whenever a work-related injury occurs.


However, there are times when personal injury cases between an injured employee and their employer need to be resolved in court.


This is where an experienced attorney will become useful. With many years of dealing with personal injury claims in the workplace, The Law Office of Carl Maltese is ready to fight for the rights of its clients and can advise on how to prove fault for wrongful death in NY.


New York State Law on Workers' Compensation

New York State Law on Workers' Compensation


In New York, workers' compensation is structured to help employees who have suffered on-the-job injuries or illnesses.


As a no-fault system, it allows them to make workers' compensation claims regardless of who the at-fault party is.


State law mandates that the majority of employers carry some form of workers' compensation insurance.

This makes dealing with job site injury claims a lot easier since the funds will already be in place.


Three Key Requirements for a Workers' Compensation Claim


Not every worker in New York may be entitled to receive benefits from a workers' compensation policy.


Besides the few industries that are exempted from providing workers' compensation policies for employees, certain other requirements need to be met, such as:


  1. The employee must be employed by the company through which they are filing a workers’ compensation claim. This rule generally excludes contractors from receiving benefits.

  2. Whatever injury or illness the employee has suffered, it must be related to the job. Even in cases where injury or illness progresses slowly over many years, the injured party is still entitled to benefits if they were employed when they got sick or injured.

  3. An injured employee has 30 days in which to report the accident to avoid jeopardizing their workers' compensation benefits. Also, the same workers' compensation claim must be submitted to the New York Workers’ Compensation Board within two years from the date of the last payment or of the workplace injury.

  4. Doctor's reports, treatment records, and test results are crucial when it comes to strengthening workers' compensation lawsuits.


Can an Injured Worker Sue Their Employer?


The way workers' compensation insurance is designed in New York means that, in most cases, it is easier to simply file a claim with the insurer rather than going through the process of suing the employer directly.


If successful, the injured worker will receive benefits that are proportional to a calculated percentage of their usual salary.


However, in certain cases, a worker may think that it will be better to seek compensation directly from the company they work for.


A good example is when an employee feels that they have been injured due to the intentional actions of the employer.


In other cases, the workers' compensation coverage being provided by the employer may not be adequate to cover the financial needs of the worker.


A good personal injury attorney can help employees who have decided that suing their bosses is the best way to receive fair compensation. They can also help with how to prove fault for nursing home abuse in NY.


Can Employee Sue After Getting Workers' Compensation Benefits?


Yes, in certain situations, employees can sue their employers even after being paid their workers' compensation benefits. There are many reasons to do this, so workers should not look at it as double-dipping.


A typical example is when benefits being provided by the employer's workers' compensation insurance are not enough to cover the cost of medical bills and lost wages.


The most important thing to remember here is that these claims are handled in different courts, which means different rules may come into play.


Also, upon winning the personal injury claim, two-thirds of the original workers' compensation claim must go back to the insurer. For more information, the best personal injury lawyer on Long Island may be able to help.


Workers' Compensation Vs Personal Injury Claim: Key Differences


The following are some of the key differences between personal injury claims and workers compensation claims:


  • Workers' compensation claims may be handled in a simple hearing, while a personal injury claim may need to be taken before a New York court.

  • State workers' compensation law requires that most companies be covered, which is not the case when it comes to insurance against personal injury claims.

  • Usually, the benefits from workers' compensation claims will only cover medical expenses and lost wages, while a personal injury lawsuit may include pain and suffering.

  • Faults need to be established with personal injury cases, while that is not the case with a workers' comp claim.


Proving Fault in a Work-related Personal Injury Lawsuit


The following legal doctrines need to be satisfied to prove that the employer was at fault for workplace injuries suffered by employees:


  1. Duty of care of the employer to the employees

  2. Breach of duty of care leading to job site injuries

  3. The causation link between the breach and the employee getting injured

  4. Damages suffered by the injured worker as a result of the employer's negligence



Six Steps to Take When Seeking Compensation for Job-related Injuries

Six Steps to Take When Seeking Compensation for Job-related Injuries


When getting ready to file a personal injury claim against their employer, injured workers need to take the following steps:


  • Seek medical attention

  • Report the incident to the employer

  • Gather evidence

  • Talk to witnesses

  • Consider the statute of limitations for personal injury claims

  • Hire an experienced attorney


Wondering How to Prove Fault for a Work Injury in NY? The Law Office of Carl Maltese Is Ready to Help


If undecided about filing a workers’ compensation claim or seeking damages through a personal injury lawsuit, injured workers need to reach out to a good lawyer with knowledge of the complex New York laws and the legal process regarding an on-the-job injury.


The Law Office of Carl Maltese has a panel of highly experienced personal injury lawyers ready to take on any workers' compensation cases in Long Island.


Injured workers can call to schedule a free consultation to discuss their workers' compensation case.

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