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Workplace accidents and injuries can take a severe toll on workers in all industries. While the injury and recovery process can be physically painful, injuries that require time spent away from work can also be financially painful and compromise the injured worker’s ability to provide for themselves and their families. The good news is that, In many cases, injured workers in Garden City and elsewhere in New York are eligible for workers’ compensation, which can assist with both medical and financial recovery from a work-related injury. Working with a Garden City work injury lawyer is the best way to ensure that you obtain the benefits you deserve.
The Most Common Types of Work Injuries
Work accidents and injuries vary from industry to industry. For example, a worker in the construction industry would be more likely to suffer a fall from a great height than a worker in a medical research laboratory, who may be more likely to suffer exposure to toxic chemicals. However, some types of work accidents are more common than others across all industries.
According to the National Safety Council, the following were the top four most common types of work injuries over the period of 2021-2022, as well as their percentages of all work injuries:
Exposure to harmful substances or environments (28%): Includes exposure to electricity, radiation, noise, temperature extremes, air and water pressure changes, infectious diseases, and traumatic or stressful events
Overexertion, bodily reaction (23%): Includes non-impact injuries (i.e., injuries occurring from excessive physical effort) and repetitive motion injuries
Falls, slips, trips (20%): Includes slips and trips without falling, falling on the same level, falling to a lower level, and jumping to a lower level
Contact with objects and equipment (20%): Includes moving objects striking workers, workers striking against moving objects, and portions of workers’ bodies (e.g., fingers) becoming lodged inside moving objects
Prior to 2020, exposure to harmful substances and environments was the sixth most common type of work accident. However, due to the spread of COVID-19, it became the most common type of work accident in the post-COVID era. Other less common types of accidents include:
Workplace violence and other injuries by persons or animals (4%)
Transportation incidents 4(%)
Non-classifiable (1%)
Fires and explosions (0.2%)
Regardless of the type of accident or injury you have suffered, a dedicated work injury attorney can help you get your career back on track.
Resources for Injured Workers in Garden City
Workers who suffer accidents and injuries on the job need not be left to their own devices to recover. Medical benefits and financial assistance are available for eligible applicants through the New York workers’ compensation program, which provides a fixed set of benefits to injured workers that can serve as a lifeline until they recover and return to work. A defining feature of the workers’ compensation program is that it provides benefits for injuries suffered in almost all work-related injuries, even if the worker was at fault for the injury.
Covered Employees
The vast majority of employees in New York are eligible for workers’ compensation benefits. This includes:
Employees in private, for-profit industries, including full-time, part-time, temporary, seasonal, casual, borrowed, and unpaid workers
Most employees of non-profit institutions who are paid for their services
Employees of the State of New York
Domestic workers who are employed for more than 40 hours per week by the same employer
Taxi drivers
Employees who generally are not eligible for workers’ compensation benefits include:
Volunteers
Independent contractors
Clergy and members of religious orders who are performing religious duties
Police officers, firefighters, and sanitation workers in New York City
Sole proprietors who do not have employees
Partnerships, LLCs, and LLPs that do not have employees
If you are unsure of whether you are an employer or an independent contractor, as well as whether you are eligible for workers’ compensation, the best way to find out is to contact one of our Garden City work injury lawyers.
What Is a “Workplace Injury?”
Just as the vast majority of employees in New York are eligible for workers’ compensation benefits, the vast majority of workplace accidents and injuries are covered. However, the accident or injury must be work-related to be covered. What this means generally is that the accident or injury must arise out of the worker’s employment and be suffered in the course of the employee’s ordinary work duties. This excludes the following types of accidents and injuries:
Non-work-related injuries
Injuries sustained while commuting to or from work
Injuries caused by employee misconduct (e.g., horseplay or intentional misuse of equipment)
Injuries sustained while under the influence of drugs or alcohol
However, even these exceptions have exceptions.
Benefits Available
The three types of benefits available through workers’ compensation are medical benefits, cash benefits, and survivor benefits. For medical benefits, the program covers the costs for all medically necessary treatment, provided that the injured worker complies with his or her treatment program. Cash benefits replace a portion of the injured worker’s wages and are equal to ⅔ of the worker’s average weekly wage multiplied by the percentage he or she is disabled. For example, for a worker whose average weekly wage was $600 and who was 40% disabled, that worker’s cash benefit would be roughly $160 per week. Survivor benefits are available to a deceased worker’s surviving spouse and minor children and are equal to ⅔ of the workers’ average weekly wage for the year preceding the worker’s death.
Get Started on the Road to Recovery With Help From a Garden City Work Injury Lawyer
If you have suffered a work-related injury and are struggling to recover, you should consider filing a workers’ compensation claim. While not every claim is successful, you can increase your chances of success by working with an attorney who has experience representing injured workers by taking on their employers and insurance companies. To get started, please contact one of our work injury lawyer at Turley Redmond & Rosasco by using our online form or calling 516-745-5666.
