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What Responsibilities Fall on an Injured Worker?

by | Mar 4, 2021 | Workers' Compensation, Workplace Injuries

An employee might walk into an office building, warehouse, hospital, or another work location in New York and suffer an injury. New York provides options for filing a no-fault workers’ compensation claim, but do not assume the process comes without deliberate steps or formalities. Following established processes may assist someone hoping to move forward with an accident claim.

Actions to take after the incident

Reporting an accident or any circumstances surrounding the injury to an employer proves vital. If the injured worker delays reporting the incident, then the claim might experience troubles. For example, after a slip-and-fall accident, the evidence of the fall might come in the form of a slippery floor. Waiting five days after the fall could involve filing a report long after someone cleaned up the floor. Seeking the necessary medical care without delays might also prove critical.

Compiling evidence and witness reports could also address any “doubt” an employer may present. An employer may intend to fight an employee’s claims by stating the injury occurred away from work. The employee could find him or herself taking legal action to file the claim, and thorough evidence may be vital to overcome the employer’s objections.

Timeliness extends to the employer, as well. New York law mandates the employer perform its responsibilities within an established period. Employers that do not carry out their duties timely may face fines.

Lawsuits against employers and third parties

Although an employee filing a workers’ compensation claim might find lawsuit options against limited, “limited” does not mean non-existent. If an employee found him or herself in a heated disagreement with a manager and the manager struck the employee, a lawsuit might become possible.

What if a slip-and-fall accident occurred because of a third-party delivery driver’s mistake? Filing suit against third parties for their negligence could reflect a legitimate option outside the workers’ compensation claim.

Evidence might factor into the strength of lawsuits. Is there security camera footage? If so, procuring the footage right away may be advisable.

Working with a worker’s comp attorney may be necessary to file claims and launch any legal proceedings. An attorney could assist a client with the process.