Most workers have never filed a workers’ compensation claim. In fact, one study showed that fewer than 40% of injured workers claim workers’ compensation benefits even when they are injured and eligible. Unfamiliarity with the workers’ compensation system breeds misconceptions about it, and those misconceptions can lead to mistakes when workers need the system’s benefits most. Below, our workers’ comp lawyers dispel some of the most common misconceptions and mistakes about the workers’ compensation system in New York.
Misconception #1: You Can’t Get Workers’ Comp if You Were at Fault for the Accident
It’s logical to assume that you wouldn’t be able to claim workers’ compensation benefits if you were at fault for your workplace accident or injury. However, that is a misconception. Workers’ compensation in New York is a no-fault system, meaning that it pays benefits regardless of whether the injured worker was at fault for their injuries. Of course, there are a few exceptions. Workers generally may not claim benefits for intentional injuries (e.g., an injury sustained through workplace violence) or injuries that occurred due to prohibited horseplay.
Misconception #2: Workers’ Comp Only Covers Injuries Sustained on Your Employer’s Property
Workers’ compensation benefits are not dependent upon the location where the accident occurred. Rather, the key inquiry is whether the injury arose out of or in the course of the injured worker’s employment duties. While most workplace accidents indeed occur on employer-owned premises, that is not always the case. For example, the following accidents could be considered work-related even if they did not occur on-site:
- A delivery worker who is injured in a car accident while making a delivery
- A traveling salesman injured in a slip-and-fall accident between sales calls
- An insurance adjuster who suffers an injury while investigating a claim
- An employee who works from home and suffers an injury while working at home
Keep in mind, however, that commuting accidents generally are not covered under workers’ compensation, as commuting to and from a fixed workplace is not typically considered to be a work-related activity. There are a few exceptions to that rule, however, which a workers’ comp lawyer can discuss with you.
Misconception #3: You Can Only See the Doctor Your Employer Wants You to See
Some states place restrictions on the doctors that workers’ compensation claimants can see for treatment, but that is not the case in New York. Workers’ compensation claimants in New York can see any medical provider who is authorized to treat work injuries by the New York Workers’ Compensation Board. You can search for an authorized healthcare provider using the Board’s provider look-up tool.
Misconception #4: You Can Get Fired for Filing a Workers’ Comp Claim
Some injured workers forgo claiming workers’ compensation benefits because they fear that they will be fired or otherwise retaliated against by their employers. However, retaliation against workers for claiming workers’ compensation benefits is illegal under Section 120 of the New York Workers’ Compensation Law. If you think you have been fired, demoted, or otherwise retaliated against for filing a workers’ compensation claim, you should speak to a workers’ comp lawyer who can help you defend your rights.
Misconception #5: You Can Sue Your Employer If Your Workers’ Comp Claim is Unsuccessful
As we explained above, workers’ compensation in New York is no-fault, so you can still recover for your injuries even if you were at fault for them. The flip side of that no-fault system is that you generally may not sue your employer for work-related injuries, even if your employer was at fault for them. The only time an injured employee may sue their employer is when/if the employer did not have workers’ comp insurance at the time of the accident. However, you may be able to pursue claims against third parties who were at fault for your injury, such as a general contractor, subcontractor or property owner.
Mistake #1: Not Reporting Your Injury
New York law requires injured workers who plan to seek workers’ compensation benefits to notify their employers of their work-related injuries within 30 days (although we recommend doing so as soon as possible). Failing to report your injury within the allotted time may result in a disallowance of your claim.
Mistake #2: Not Seeking Medical Treatment
You should seek medical treatment for your workplace injury as soon as possible as it occurs and diligently follow your doctor’s treatment plan. Failing to seek medical treatment can negatively impact your claim in several ways. First, if you’re going to be out of work, you will need medical evidence of a disability in support of your claim. . Second, not seeking medical treatment, delaying seeking medical treatment, or not following your doctor’s orders can result in allegations that your injuries are not as severe as you claim and may prevent proper healing and recovery. .
Mistake #3: Abandoning Your Claim After an Initial Denial
It can be frustrating to have your initial claim denied or disputed, which can lead to discouragement and hopelessness. However, it is a mistake to stop pursuing your workers’ compensation claim at the first sign of resistance. If your claim is denied or disputed, your case takes priority over all other claims and you can make your case at a workers’ compensation hearing. The hearing allows you to present your side of the story and potential witnesses to an impartial workers’ compensation law judge.
Mistake #4: Not Hiring a Workers’ Comp Lawyer
You are not required to hire a workers’ comp lawyer to handle your workers’ compensation claim. However, failing to hire an attorney is a potentially fatal mistake, as the workers’ compensation process is filled with pitfalls for the unwary. An experienced workers’ compensation attorney can guide you through the process, set you up for success, and maximize your chances of winning your case and receiving the benefits to which you are entitled.
Discuss Your Concerns With an Experienced Workers’ Comp Lawyer
If you have been injured on the job, you probably have a lot of questions on your mind as to what your options are. The best way to seek answers to those questions is to speak to an experienced attorney who can provide you with reliable information. To get started, please contact a workers’ comp lawyer at Turley, Redmond & Rosasco by using our online form or by calling us at 516-745-5666.