Top Port Chester, NY Workers' Compensation Lawyers

In Port Chester, NY, the most common workplace accidents and injuries typically include:

• Slips, trips, and falls: These are among the most prevalent incidents leading to workplace injuries. They’re caused by factors such as wet floors, uneven surfaces, and tripping hazards.
• Overexertion and musculoskeletal disorders: These injuries occur from repetitive strain, lifting heavy objects, or performing tasks that involve strenuous physical activity.
• Contact with objects and equipment: Workers can experience injuries from machinery, falling objects, or running into equipment.
• Motor vehicle accidents: These accidents affect employees who drive as part of their job duties. They range from minor to severe, involving personal injuries or even fatalities.
• Exposure to harmful substances or environments: This includes injuries due to contact with toxic chemicals, harmful fumes, or other dangerous materials prevalent in industrial settings.

What do I do after a workplace accident in Port Chester, NY?

If you’re involved in a work accident, first ensure that you and those around you are safe from further harm. If necessary, move away from immediate dangers such as exposed wiring, spills, or unstable structures.

Even if your injuries seem minor, it's important to seek medical attention immediately. Some injuries may not show symptoms right away. Notify your supervisor or another company official before leaving the site to go to an emergency room or clinic if possible. When you get medical help, inform your doctor that your injury or illness is work-related.

You’ll also need to report your workplace accident, injury, or occupational health condition to your supervisor or human resources department in writing within 30 days. Note the time and date of the accident, what you were doing at the time, how the accident occurred, and any other relevant circumstances.

Filing a workers’ compensation claim in New York can be a complex process. It’s important that there are no errors, as this can jeopardize your chances of getting compensated. You’ll need to fill out Form C-3 and submit it to the New York State Workers’ Compensation Board as soon as possible.

You have two years from the date of your work accident or discovering an occupational illness to complete this step. However, it’s best to act fast to receive benefits as soon as possible.

When completing Form C-3, you’ll need to provide the following information:

• Personal details such as your name, contact information, and social security number.
• Employment information, such as your employer’s name and address, as well as your job title and description.
• Incident information, such as the date, time, location, and description.
• A description of your injury, parts of the body affected, and the first date of absence from work.
• Medical care information, such as the doctor, date of treatment, and whether you were hospitalized.
• Names and contact details of any witnesses to your work accident.
• Whether you have returned to work or if you have a date or return.

Before filling out Form C-3, get legal advice from an experienced workers’ compensation lawyer. They can ensure that there are no errors or omissions on the form and that your claim goes smoothly.

If your claim is approved, you should begin receiving bi-weekly payments within 18 days. If there are any disputes from your employer’s insurance company, this can prolong the process.

If your workers' compensation claim in New York is denied, you have the right to appeal the decision. Here are the steps you should follow to challenge a denial:

Review the denial notice

If your workers’ comp claim was denied, you should receive a denial notice explaining the reasons why. Common reasons might include claims that the injury is not work-related, insufficient documentation, missed deadlines, or that the injury does not meet the criteria for workers' compensation benefits.

Request a hearing

File a request for a hearing with the New York State Workers' Compensation Board. This must be done within 30 days. Collect all relevant documents, medical records, and any other evidence that supports your claim and refutes the reasons for denial.

Also, arrange for witnesses, if any, who can support your case to testify at the hearing. This could include co-workers, medical professionals, or anyone else with direct knowledge of your injury and its impact on your work.

Attend the hearing

During the hearing, a Workers' Compensation Law Judge will review your case. You will have the opportunity to present your evidence and argue why your claim should be approved. The employer or their insurance carrier will also have a chance to present their side.

Both sides may question witnesses. Be prepared to answer questions from the judge, as well as from the opposing counsel. Your attorney will also have the opportunity to question the employer’s witnesses. It’s important to remain calm, polite, and professional throughout this process, even if you disagree with what is being said.

After the hearing, the judge will issue a decision. If the judge decides in your favor, your benefits will start to be processed. If the decision is not in your favor, you can appeal to the Workers' Compensation Board's three-member panel.

Further appeals

If the Workers' Compensation Board's three-member panel issues a decision that is not in your favor, you can appeal to the Appellate Division of the Supreme Court, specifically the Third Department, which handles workers' compensation cases.

If the Appellate Division rules against you, you can make a further appeal to the New York State Court of Appeals, the highest court in New York. However, this step is generally reserved for cases that involve significant legal questions that could impact the interpretation of laws beyond just your case.

In New York, workers' compensation is available to employees who are injured or fall ill as a direct result of their work duties. To qualify, your injury or illness must have occurred during and as a result of your regular work responsibilities. Here are a few examples to consider:

• You were struck by a falling object on the job and suffered a head injury.
• The nature of your job resulted in a long-term health condition such as cancer or heart disease.
• You developed a musculoskeletal disorder from repetitive stress, overexertion, or poor ergonomics.

It’s crucial to note that injuries resulting from misconduct, such as being under the influence of drugs or alcohol or engaging in intentionally harmful behavior, will not be covered under workers’ compensation.

Demonstrating that your injury is work-related and that you were acting within the boundaries of your employment at the time is key to eligibility. An experienced workers’ compensation lawyer in Port Chester can gather the necessary evidence to prove the legitimacy of your claim.

Pursuing a workers' compensation claim can be complicated and stressful. Hiring a skilled workers' compensation lawyer in Port Chester can greatly increase your chances of a positive outcome.

You won't need to pay any fees upfront. Workers' comp attorneys in Port Chester work on a contingency fee basis. They only get a certain percentage of your final compensation if they win your case. Start the process of securing the benefits you deserve by arranging a free consultation today. A Port Chester workers’ comp lawyer will reach out to you.