Workplace Injury FAQs

For every 100 workers, 1.7 workplace injuries and illnesses in 2022 involved time away from work, job restrictions, or even job transfers. At Shaevitz and Shaevitz, we understand how overwhelming it can be to deal with a workplace injury. The pain, uncertainty, and stress of navigating your recovery while figuring out your rights can feel like an uphill battle. Our dedicated legal team is here to guide you through each step of the process, ensuring you receive the care, compensation, and support you deserve. In this blog, we answer some of the most common questions about workplace injuries, empowering you to take informed action during this challenging time.

What Should I Do After a Workplace Injury?

After a workplace injury, your first step should be to report the incident to your employer as soon as possible, ideally within 24 hours. An official record of the incident is required for workers’ compensation claims. Next, seek immediate medical attention, even if the injury seems minor. Prompt treatment aids in your recovery and provides medical documentation of your injury. Additionally, document everything related to the incident: take photos, gather witness statements, and keep records of all medical treatments and expenses. This thorough documentation will strengthen your case when filing for compensation.

What Are Common Workplace Injuries and Illnesses?

Workplace injuries and illnesses can happen in any work environment, from offices and schools to construction sites and factories. As a result, the kinds of job-related injuries and illnesses are diverse.

Some common occupational injuries include:

• Slips, trips, and falls: Slips and falls often occur due to wet floors, rough surfaces, or loose cables.
• Fractures: You might break a bone from a fall, being hit by an object, or an accident involving heavy machinery.
• Repetitive strain injuries (RSIs): Repetitive motions like typing or lifting can cause injury over time.
• Cuts and lacerations: These result from handling sharp objects or machinery without proper safety measures.
• Back injuries: Back or spinal cord injuries frequently occur due to improper lifting techniques, heavy lifting, collisions, and other sudden trauma at work.
• Burns: These can happen when handling hot materials, chemicals, or working with faulty equipment.
• Hearing loss: Hearing impairment and loss may result from prolonged exposure to loud noises, often in manufacturing or construction settings.
• Eye injuries: Often caused by flying debris, chemical splashes, or excessive screen time without protective eyewear.

Common occupational illnesses include:

• Respiratory diseases: Exposure to dust, fumes, asbestos, or chemicals can lead to conditions like asthma, pneumoconiosis, or mesothelioma.
• Skin disorders: These may be due to contact with irritants or allergens, causing dermatitis or eczema.
• Musculoskeletal disorders: Repetitive motion, poor ergonomics, or heavy lifting can cause conditions like carpal tunnel syndrome or tendonitis.
• Occupational stress: Job-related stress can lead to anxiety, depression, and other mental health issues.
• Infectious diseases: Workers exposed to bacteria, viruses, or other pathogens, such as those in healthcare settings, may contract a communicable disease on the job.

What Is Workers’ Compensation and Who Is Eligible?

Workers’ Compensation in New York is a state-mandated insurance program that provides benefits to employees who experience work-related illnesses or injuries. It covers medical expenses, lost wages, and rehabilitation costs. All employees in New York, regardless of their job or industry, are generally eligible for Workers’ Compensation from the first day of employment. Full-time, part-time, seasonal, and temporary workers qualify. Independent contractors, volunteers, and some domestic workers may not be eligible, but exceptions can apply depending on the circumstances.

A workers’ compensation lawyer can determine your eligibility and help you secure the benefits you deserve.

Can I Be Fired for Firing a Workers’ Comp Claim?

It is illegal for an employer to fire you for filing a workers’ compensation claim. Doing so is considered retaliation and means you may have grounds for legal action against your employer. If you believe you were wrongfully terminated, you should retain a lawyer as soon as possible, as there are time limits for filing retaliation complaints.

How Long Do I Have To File a Workers’ Comp Claim?

In New York State, you have two key deadlines for filing a workers’ compensation claim.

First, you must report the injury to your employer within 30 days of the incident. Failing to do so could jeopardize your claim.

Second, you have up to two years from the date of your injury or illness, or when you realized it was work-related, to file a formal workers’ compensation claim with the New York State Workers’ Compensation Board. Meeting these deadlines is crucial to protect your right to benefits.

What If My Workplace Injury Prevents Me From Returning to Work?

If your injury leads to permanent disability, you may be entitled to long-term disability benefits such as wage replacement and medical coverage, vocational rehabilitation to help you transition to a new career, or even a lump-sum settlement, depending on your case.

What Can I Do If My Workers’ Compensation Claim Is Denied?

You can appeal the decision, and a personal injury lawyer can help navigate the appeals process to pursue the compensation you deserve. With over 65 years of experience in personal injury law, you can trust the legal experts at Shaevitz & Shaevitz to fight for you.

Book a Free Consultation With Our Workplace Injury Attorneys!

At Shaevitz and Shaevitz, we provide the support and guidance you need after a workplace injury. If you have any further questions or need personalized advice, we are happy to help. We encourage you to book a free, confidential consultation with our experienced legal team. Let us help you take the next step in protecting your rights and securing the compensation you deserve!