Brooklyn Injuries 102: Hire A Workers Comp. Or Personal Injury Lawyer?

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Personal Injury vs Workers Compensation

Construction Accidents: Workers Comp versus Personal Injury Lawyer

It is your right to get compensated as a result of any injury suffered at your workplace. But before you are paid for the injuries and damages suffered, there are two vital points you have to understand — whether it should be adjudged as personal injury or workers’ comp. For many workers who probably don’t know about personal injury law, workers comp is the only through route to workers’ compensation.

What type of claim should you file for?

There are lots of differences between these two, although they all point towards one thing — compensation. But since others generally find it difficult to distinguish between the two and often classify personal injury claims as workers compensation claims, they do end up with fewer amounts. In fact, the far-fetched idea that filing a personal injury lawsuit equates to ‘suing’ one’s boss is rampant and makes them feel coy, even when the employee wasn’t the one responsible. If after reading this article you still cannot figure out which legal category your injury falls under, you should call a workers compensation “Super Lawyer” (Super Lawyers is an award given my Martindale Hubble which means the attorney will be amazing) or a Personal Injury “Super Lawyer”.  Regardless of which you will speak to, they will steer you to the right type of legal representation required for your case.

Today, we’re going to set the record straight and offer a simpler analysis of their differences.

Workers’ Compensation Claim

You are entitled to workers’ compensation if you got injured while carrying out your roles within the company. Whether the accident happened off-site or on-site or an associate caused it, you won’t have to prove anything. Ideally, this compensation will have nothing to do with fault and you will be automatically eligible to get paid. Instead, the compensation is remitted to you without any questions being asked.

The following is a more simplified introduction to workers compensation: workers’ comp compensates employees after an injury in the workplace. The reason for this is that even when the employee was responsible, the accident couldn’t have occurred if the employee was absent. And so, with workers’ compensation, one gets paid what’s equivalent to the medical expenses, weekly wages, impairment benefits and vocational rehabilitation.

Personal Injury Claim

Assuming you got injured in an accident of any form and you feel it was as a result of someone’s negligence, a personal injury claim will demand that you prove so. This means a personal injury claim isn’t limited to workers alone.

Unlike the workers’ comp, therefore, compensation relies on how you as well as your personal injury lawyer argue it out. It is a broad, sometimes lengthy route that ought to be proved beyond any reasonable doubt that indeed the other person or party was at fault or negligent. If you succeed and the court proves so, compensation will include medical costs, lost salaries, loss of future earning, pains and agony and everything that resulted from the injury.

Workers’ Compensation Claim ensures you don’t sue your employer

It, instead, ensures every employee who gets injured in the line of duty is compensated and the medical bill is paid with no questions asked. The amounts in compensation, however, are limited, albeit they are dispersed immediately.

 

 

 

My Workers Comp Claim Was Denied: Whats The Law?

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disability law, workers comp lawyers

The question that was recently posed to me was regarding denied workers compensation claims. Claims made for gradual work-related illnesses like cancer, heart attacks, and Carpal Tunnel Syndrome are rejected most of the time. Even claims for blatant workplace injuries resulting from falls, machinery malfunctions, and other work-related accidents that occur daily in New York are rejected at a very high rate. Why are the workers claims made on such injuries rejected so often? The reason is that it’s very easy for a workers compensation insurance adjuster to decide and convince the worker that the injury is not work related or the compensation desired does not fit the bill. Doctors can often make mistakes as well in the way they portray your injury in relationship to the workplace. Often, the application that one submitted has issues in itself and due to these inherit issues it will therefore get rejected.

Hiring a workers compensation lawyer from the beginning would have been the best bet but now that the claim has been denied it’s time for a legal hearing. At this point the worker will have a chance to prove their case to the doctor, to the insurance adjuster and to the Administrative Law judge. Generally they will try to offer a very conservative settlement for whatever hardships and expenses one had to endure. That is exactly why it is so important to hire an attorney for this legal hearing.

If you would like to learn more about our workers laws here in the city of New York we would like to invite you to read this informative Workers Compensation resource.

This information was contributed by the: Shulman & Hill Workers Compensation Firm 44 Court St #808, Brooklyn, NY 11201 (718) 852-4700 shulmanwc.com

Alex Shulman is a Workers Compensation & Social Security Disability Attorney in the Brooklyn, NYC area. Alex’s informative writings on Workers & Disability law are published and revered across the New York region.