Injured workers on Long Island who file for Workers’ Compensation may face retaliation from employers. Read these 4 tips to find out the rights of injured workers in New York.
Plainview, NY -- (ReleaseWire) -- 03/29/2016 --Robert Golan, PC, a trusted Long Island Workers' Compensation attorney, has seen employers and insurance companies retaliate against employees' claims. The initial steps of submitting a claim may look easy, but looks can be deceiving. In this tip sheet, Golan helps injured workers understand what to expect during the process of receiving Workers' Compensation.
When a workplace accident takes place, the injured worker is faced with a lot of complications. Accidents can happen anywhere. New York state laws cover a number of workplace accidents that range from slips and falls, inadequate security, negligent conditions, mistakes, and more.
Injured workers can quickly find out their rights under the law and whether their injury is covered under the Long Island work accident compensation plan. However, when attempting to get a case started, employees often find their employers retaliate against them.
Tip # 1 – Injured Workers Cannot Be Fired for Filing a Claim
Under New York law, an employee cannot be fired for filing a compensation claim or testifying in a case proceeding. It is the right of the injured worker to receive compensation. The injured worker has up to two years to file the claim. If the employee believes they were harassed due to filing a Workers' Compensation claim, they can file a discrimination claim against the employer.
Tip # 2 – Be Prepared for a Dispute
After the case is filed, a judge is assigned to administer the proceeding of the case. Employers do have the right to dispute the employee's claim. They may attempt to deny the injury happened and the extent of the injury. Employers have tried to use pre-existing injury or illness to deny a claim.
Tip # 3 – Get a Third Party Doctor
If an employer determines that the injury does not keep a worker from performing certain job duties, benefits may be terminated. The employee then has to return to work. During certain situations, the issue may arise from a glitch in the paperwork. The injured worker can see a doctor for their opinion and to correct the paperwork.
If the doctor is a state employee, they may not have knowledge as to the extent of the injury or work performed. It is best to see a third party doctor that is not affiliated with the state.
Tip # 4 – Injured Workers Can Return to Work
In New York, employees can return to work and perform light duties. If the injured worker decides to return to work, the employer must permit them to return to the same or equivalent position. The return to work impacts benefits, depending on the amount currently received. If the amount an injured worker receives after returning to work is less than before, the benefits may make up for the decrease in wage earnings.
For more information on Workers' Compensation claims, our Long Island Workers' Compensation law firm provides a complimentary case consultation. Visit http://www.workerscompensation-law.com.
About Robert Golan, PC
For over 15 years, Robert Golan, PC has represented injured workers in their Workers' Compensation cases. We serve the following areas of New York:
- Nassau County
- Long Island
- Suffolk County
If you had a work-related accident and want to see if you have a case, contact Long Island Workers' Compensation attorney, Robert Golan, PC. Mr. Golan gives his clients personal and professional.
Robert Golan, PC serves as a Long Island social security disability attorney and Workers' Compensation attorney, serving Long Island, Nassau, Queens, and Suffolk County, New York.
We believe your accident and injuries are important. Robert Golan, PC is dedicated to providing you with excellent service. Contact us at 516-586-3910 to discuss your case.
Robert Golan, PC