Coney Island Workers’ Compensation Lawyer
Employees are occasionally injured while on the job, which can force them to miss work while recuperating. Workers’ compensation insurance ensures workers can provide for themselves and their families after an on-the-job injury, and most employers are required to provide this type of insurance for their employees.
Despite this requirement, sometimes employers attempt to avoid paying these benefits to injured employees. If you were injured at work and are seeking workers’ compensation, call a Coney Island workers’ compensation lawyer to discuss your case. A capable injury attorney could work to achieve a positive outcome for you.
What is Workers’ Compensation?
Workers’ compensation benefits exist to help injured workers provide for themselves after they are hurt on the job. The compensation functions as a type of insurance and employers in many industries are required to pay a certain amount of their revenue towards these benefits.
In most cases, it does not matter whether a worker is responsible for their injury. So long as the injury occurred at work during a normal job-related activity, the worker will usually be eligible for benefits.
Workers’ comp also protects employers from personal injury lawsuits, as workers who receive benefits cannot file suit against an employer. The amount of benefits a person receives is usually limited, and it may decrease over time as the person recovers and starts working again.
What Workers’ Compensation Does Not Cover
Workers’ compensation insurance will generally provide benefits to any worker who is injured on the job while performing job-related duties. Even if a person is injured away from the workplace, they may be eligible for benefits if they are on company time and performing company tasks.
However, the following injuries or conditions may not be covered by workers’ compensation:
- Injuries that occur while an employee is under the influence of drugs or alcohol
- Injuries caused by horseplay or disregard for workplace safety policies
- Mental health conditions such as depression or anxiety
- Preexisting health conditions (even if they were exacerbated by the job)
- Injuries that occur off-the-clock
The types of injuries and conditions listed above are not the only ones that may not be covered. Conversely, some of the injuries listed above may be covered in some cases. To learn more, an injured employee should talk to a Coney Island workers’ compensation lawyer.
Can an Employer Deny Benefits to an Injured Employee?
After a worker is injured on the job, their employer should offer them a workers’ compensation form as soon as they are informed of the accident. The worker should fill out the form as quickly and accurately as possible, and return it to their employer.
It should be noted, however, that employers have the right to dispute a worker’s claim if they do not believe the circumstances warrant a dispersal of benefits. If this occurs, the employee should take legal action against the employer if they wish to receive benefits. If the court agrees with the employee, they can be granted their current benefits, as well as any benefits they should have received after the accident occurred.
Speaking to a Coney Island Workers’ Compensation Attorney
The prospect of going to court against your employer can be daunting, but necessary if you want to receive the benefits you are entitled to by law. Companies can be difficult to win against, but with the help of a skilled attorney, you can level the playing field. Consult a Coney Island workers’ compensation lawyer to learn more about the benefits you could potentially recover.