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New York Worker Injury Law Blog

What to do after a workplace injury

Every year thousands of American workers are hurt in workplace accidents. While some of these injuries are minor, like small bumps and cuts, others are serious and may threaten the lives of those who are harmed. When a New York worker gets hurt while performing the duties of their job, they should take quick action to protect their rights to seek workers' compensation benefits.

One of the first steps that an injured worker should take is to seek treatment from a medical professional for their injuries. Documenting one's harm through a medical report will help build their claim for workers' compensation support and may be required to even submit a workers' compensation request. If possible, the worker should find out if there is a specific doctor they should see for their claim or if they may go to a doctor of their own choosing.

Are some drivers treating red lights like a suggestion?

When you see a red traffic light, you know to stop. These traffic control devices regulate the flow of traffic and help ensure everyone gets to where they are going safely and without incident.

If everyone knows this, why are so many drivers treating red lights like suggestions instead of as a directive? The AAA Foundation's Traffic Safety Culture Index indicates that, in the past 30 days, one out of every three drivers drove right through a red light instead of stopping.

What happens if your claim comes back denied?

A work accident can leave you with painful injuries and expensive medical bills. If you receive an injury at work, you may feel unsure of what to do next or how you will begin to recover from this type of incident. This is why workers' compensation benefits exist -- to support the needs and interests of employees injured at work or those who become ill as a result of their jobs.

Most employers have an obligation to carry workers' compensation insurance. This is to allow workers a simple way to get support after a work-related injury, but it also protects employers. By accepting these benefits from the insurance company, you are relinquishing your right to sue your employer because of your work accident. Every worker, no matter the nature of his or her job, will find it beneficial to know how to file a claim and what to do in the event of an injury.

What types of compensation are available after an accident?

A car accident can change your life in an instant. It can leave you unable to work, unable to pay your medical bills and unable to enjoy your life as you did in the past. Your injuries can be physically painful and expensive, and it can be quite complicated to navigate the aftermath of a serious accident on your own. 

If you are the victim of the reckless or negligent actions of another New York driver, you may know that you could be able to claim compensation through a personal injury claim. However, what types of restitution could you actually get? It can be helpful to learn about all of the damages you may be able to seek and how you can ensure that you secure what you need for a full and fair recovery.

Do you have a right to overtime pay from your employer?

New York employees have the right to expect fair pay from their employers. This includes rightful pay for time worked and, in some cases, overtime pay for extra hours worked. There are laws in place that outline the rights of employees, yet some employers still neglect to give their workers the full amount they've earned. Often, this includes failing to pay overtime wages.

If you worked overtime hours but did not receive overtime pay, what should you do? Can you confront your employer about it or fight to get the full amount you've earned? It may help to start by learning more about your rights and to find out if you are eligible for overtime pay. This information can help you in your fight to secure the full amount of money you've earned.

You never know how a car accident will change your life

There is no way to predict how your day will go. When you get into the car in the morning to go to work, drop the kids off for school or start your list of errands, you might expect to be relaxing on your sofa at the end of the day. No one plans to be lying in a New York hospital bed following a motor vehicle accident.

For many drivers and passengers, a car accident results in little more than bruises and scrapes. They may suffer a sprain or a broken bone. Unfortunately, this is not always the case. Often, a car accident can result in serious or even catastrophic injuries that may lead to a lifetime of struggle. If you are in an accident caused by someone else's negligent or reckless actions, you may be among those who suffer such injuries.

What are electrical hazards on construction sites?

Electricity is a great force that brings power to many of the goods and products that New York residents use each and every day. When a person plugs their phone or computer in to charge, or flips a light switch in their home, they are using electricity. Construction workers deal with electricity and electrical hazards whenever they are present on construction sites that use power cables and other tools to install electrical systems.

The Occupational Safety and Health Administration recognizes the acronym BE SAFE when identifying the ways that electricity can be hazardous to construction workers. "B" stands for burn, which a worker can suffer when they directly or indirectly come into contact with live electrical systems. "E" stands for electrocution, which occurs when charged electricity passes out of a tool and into the body of a victim.

The role of negligence in a personal injury claim

Personal injury accidents happen each day all across the city of New York. Many of these incidents are caused by the individuals who suffer harm. However, others involve dangerous conditions created by parties who do not fulfill their duties of care to other individuals.

Negligence is a legal theory that is based on reasonableness and the execution of duties of care. Certain relationships, like a doctor's responsibilities to their patients, involve easily identifiable duties of care. However, duties of care exist in more everyday circumstances too. For example, when a driver gets behind the wheel of their car, they have duty to exercise reasonableness in their driving behaviors.

Social Security Disability -- You Paid For It, You Deserve It!

If tragedy strikes and you are disabled from performing any work due to an accident or disease, you may file an application with Social Security for what are usually called "benefits," but what we think of as your right to a reasonable living wage when you are too disabled to work.

Call the Social Security Administration or apply on your computer, and you will be given the option of filing for Title II disability (SSDI), Title XVI Supplemental Security Income, or both.

What should a victim do after a construction accident?

Construction workers face a range of dangers each day that they go to their job sites. The size and weight of the materials they use, the power of the machines they operate, and the nature of the work they perform all introduce unique and hazardous conditions to their work responsibilities. Across New York, many construction workers have suffered painful and life-altering injuries while doing their jobs.

When a construction accident happens and a worker is hurt, there are some important steps that they may consider taking to ensure that they have safeguarded their rights under the law. However, when an accident happens it is always important that a worker seeks medical attention to have their injuries cared for and their general health evaluated.

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