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Workers Compensation Lawyer Albany NY
From hefty medical bills to reduced quality of life and lost wages, a workplace injury can have a devastating impact on the injured employee's life. Fortunately, the workers compensation law in New York allows affected parties to recover the damages incurred following their traumatic incident. However, accessing these benefits isn't as easy as it sounds.
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Divorce & Family Legal, LLC and its workers compensation attorneys have extensive expertise representing injured Albany employees, protecting their rights and ensuring they get the compensation they deserve.
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Those who have suffered injuries due to an accident at their workplace should reach out to Divorce & Family Legal, LLC, to discuss their case and learn more about their legal options.
Workplace Accidents in New York Are on the Rise!
According to the U.S. Bureau of Labor Statistics, 83 workers suffered fatal injuries at their workplace in New York City in 2022. Violence, animal attacks, exposure to harmful substances, and transportation incidents were some of the causes behind the rise in the number of such events.
Most Common Workplace Injuries
While there is a wide range of injuries that workers may suffer following their workplace accidents, some of the most common ones include the following:
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Overexertion
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Slip and falls
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Collision with objects or motor vehicles
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Depending on the type of injuries suffered, a workplace accident can not only affect the employee's physical, mental, and financial state, but it can also take its toll on the victim's family. The affected party must seek damages by filing a workers compensation claim.
Understanding New York Workers Compensation Law
New York law requires employers to maintain workers compensation insurance for all of their employees. This type of policy financially protects the injured victim in case of injuries arising from a work-related accident. It covers the individual's medical expenses and a portion of their lost wages.
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In addition to that, worker's compensation insurance also provides disability benefits if the injured worker is unable to continue their employment. An experienced attorney can help assess the damages incurred and guide the affected party on what to expect after filing a claim.
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Unlike a personal injury lawsuit, workers compensation provides coverage regardless of who is at fault. Injured workers do not need to submit evidence to prove that the other party was responsible for their injuries.
While this type of insurance provides financial protection to the affected employees, it also protects the employer. In exchange for workers compensation benefits, the injured party foregoes their right to pursue a lawsuit against the company.
Practice Areas
The Complexities Surrounding Workers Compensation in Albany, New York
Although the law allows affected employees to pursue damages following a traumatic incident at their workplace, collecting damages is much more challenging.
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The New York State Workers Compensation Board requires injured employees to carry out their tasks at their assigned workstations during their shifts prior to the incident. This can complicate matters for the affected party.
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Here's a situation to explain how workers compensation works in Albany, New York:
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Fred was performing his duty while at his workstation when a large barrel fell on his head, resulting in a severe concussion. He files for a workers compensation claim against the employer's insurance company. Upon investigating the incident, the company discovered that the accident didn't happen during the injured employee's working hours.
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In the above example, Fred may not receive any benefits, as the employer can argue that the injuries didn't occur during the injured worker's established working hours.
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Another important thing to remember is that the Albany workers compensation law doesn't allow affected parties to recover damages if they were under the influence of drugs or alcohol prior to the accident.
The Process of Albany Workers Compensation Claim
If the injured employee meets the conditions mentioned under the workers compensation law, they can file a claim against the employer's insurance company.
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In Albany, affected parties have 30 days to report their accident to their employer. However, it's best to notify the company as soon as possible to initiate the claims process. Failure to do so can bar them from obtaining economic and non-economic damages.
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After filing the workers compensation claim via Form C-3, the employer must notify its insurance company within 10 days. The law requires the insurer to provide the affected party with a Statement of Rights (Form C-430S) within 14 days of the relevant department's notification of the worker's injuries.
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There are two ways a workers compensation claim can go. The insurance company can either accept it or contest the case. Upon acceptance, the Workers Compensation Board may issue a proposed decision to make findings about the damages incurred before the payout.
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When an insurance company accepts the claim, the affected party can expect to receive workers compensation payments over time rather than receiving a lump sum amount. However, it all depends on the company and its policies.
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In most situations, insurers work with the companies to avoid payouts. They may argue that the injuries didn't happen at the workplace to reduce the benefits or deny workers compensation claims.
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If that happens, the affected party can request the Workers Compensation Board to schedule a hearing. An experienced workers compensation attorney can provide guidance and protect the victim's rights.
Filing a Lawsuit After a Workplace Injury
While a workers compensation claim protects employers from legal action, situations involving gross negligence may allow the employees injured to pursue a lawsuit.
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Sometimes, a workplace accident can happen due to the negligence of a third party. A worker, for example, injured due to faulty scaffolding may be able to sue the negligent manufacturer for damages.
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An important thing to remember here is that while the affected party may have the right to pursue a lawsuit against a third party, they can also seek workers compensation benefits. In such situations, working with an experienced attorney can improve their chances of securing maximum damages.
How Can Workers Compensation Lawyers Help Injured Workers in Albany, New York?
The Albany workers compensation lawyers at Divorce & Family Legal, LLC, have extensive expertise in helping clients navigate workers comp claims. They can assist injured workers with the following:
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Provide legal representation without any upfront costs and only take a fee when the plaintiff receives the compensation awarded.
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Investigate the workplace accident to determine fault and identify the liable parties.
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Build a strong worker's compensation claim and file it with the relevant company's department.
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Pursue a lawsuit in case of an accident due to the negligence of a third party.
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Identify other sources of financial relief for the victim, including social security disability and personal injury claims against third parties.
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File an appeal with the New York State Workers Compensation Board in case of a rejection and provide evidence to the administrative law judge to issue a ruling.
Divorce & Family Legal, LLC Knows How to Tackle the Insurance Companies!
For the best workers compensation lawyer Albany, NY, has to offer, call Divorce & Family Legal, LLC, at (518) 992-5924 to schedule a consultation with an expert. They'll assess your case, determine the liable parties, and ensure maximum compensation while protecting your rights!