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January 2017

Injured on the job workers compensation

What are your rights if you are injured on the job?

By Workers Compensation

It’s just another day, you go into work, and unfortunately, you’re injured while working. Experiencing an injury like this can be a difficult time in your life. You may begin to worry about your financial well-being and your rights after the incident. A job-related injury can change many things, but there is one thing that remains clear – your right to workers compensation for any loss wages suffered and the medical resources needed for the injury and illness. 

Under New York State law, Workers’ Compensation is a no-fault system which means the employer should not be able to place fault and deny coverage for an injury or illness while you are acting within the scope of your employment duties, and you often cannot sue them outside of the Workers’ Compensation system for any alleged negligence in causing your injury.  Please report and file a claim in workers compensation court as soon as you are physically able to.  There are set time limits under the law that you have to report your injury or illness to your employer and file a claim with the Workers’ Compensation Board.  Failure to do so may be detrimental to your case. 

While an injury in the workplace can be stressful and can add other stressful issues like medical bills, you should know that you are protected and you have a right to receive compensation that will get you back to health, cover your medical expenses and support you financially as you recover; all injuries and illness obtained while working should be addressed through workers compensation. 

A common question is how much you will get paid should you miss time from work.  Your average weekly wage is determined and you will receive up to two-thirds of your wages, subject to some exceptions.  You also have the right to hire a lawyer to represent you throughout the workers compensation process.  The lawyer is often instrumental in obtaining ongoing medical treatment that may be denied by the insurance carrier in connection with your claim as well as negotiating the highest rate you can get paid while being out of work. 

While no one wants to be injured in the workplace, injuries do occur in the workplace and it should be noted that the Occupational Safety and Health Act is in place for your protection because every worker should feel safe at work and have a voice. It is also illegal for any person at your employer to harass or persuade you to do anything during the process.

Sometimes you may deal with an outcome that adds insult to injury – your workers compensation claim being denied. This can be challenging, you’ve worked hard for years – yet your employer or their insurance carrier has denied your claim or refuses to support you after your injury at work. Don’t let this setback stop you from exercising your right to reach out and contact a workers compensation attorney to review your case and provide you with the insight and expertise to fight for what you deserve.

When you have received the medical resources that you require for your injury and illness and still suffer a permanent disability as a result, you may be entitled to a settlement under the Workers’ Compensation law.  The lawyer will negotiate the highest maximum amount you are entitled to under the Workers’ Compensation law. 

Workers’ Compensation is a very complex area of the law.  The issues that you may face with a work-related injury or illness can be very confusing.  However, with the right representation against the insurance carrier in connection with your case, you can concentrate on getting better and returning to the work force faster.  We take pride in working hard for hard-working Western New Yorkers. 

Want to talk about your case? Contact us today

About Losi & Gangi

The law firm of Losi & Gangi is an LLC which concentrates their practice on workers’ compensation matters and personal injury law.

The firm consists of partners Jeffery D. Gangi and Harry G. Modeas.  Losi & Gangi also employs four associate attorneys; Philip Scaffidi, Bryan W. Brooks, Jeffrey K. Moncher and Robert P. Hamilton, Jr.