Workers across the country sustain injuries and illnesses each day while on the job. In fact, according to the Bureau of Labor Statistics, private industry employers in the U.S. reported nearly 3 million nonfatal workplace injuries and illnesses in 2012 alone, accounting for an incidence rate of 3.4 cases per 100 equivalent full-time workers.
There are a variety of options available to workers injured on the job. If you have been hurt while at work, or while performing work-related duties, a workers’ compensation lawyer can help you secure the following benefits.
Workers’ Compensation
Workplace accidents happen in a variety of industries, and due to a variety of circumstances, and injured workers can file a claim through the New York Workers Compensation board to recover compensation.
Some examples of workplace accidents.
- falls from heights.
- workers trapped by falling structures.
- injuries from falling debris.
- vehicle accidents.
- elevator or escalator accidents.
- injuries from defective or hazardous equipment.
- burns.
- accidental amputation/severed limbs.
It is important to realize that not all workplace injuries occur from single accidents. Workers may experience repetitive stress injuries that only present symptoms over a period of time, such as carpal tunnel syndrome, tendonitis, or others. Proving that these injuries are work-related can be more difficult though, and may require assistance from a workers’ compensation lawyer.
Many workplace accidents and illnesses are ultimately the result of unsafe conditions on the premises, and those injured may be eligible to receive weekly compensation, as well as medical benefits. Furthermore, compensation is not based on fault; injured workers are eligible to receive workers’ compensation even if they contributed to the accident. Your workers’ compensation attorney in New York can help you secure these benefits, though you may also discuss other benefits depending on your circumstances.
FELA
Injured railroad workers may be eligible to receive benefits from a separate federal act, known as the Federal Employer Liability Act (FELA). Enacted in 1908, FELA acts as a form of workers’ compensation for railroad employees, although FELA awards are generally higher.
FELA operates on a fault-based system though, meaning injured parties must prove that the railroad was negligent in order to receive compensation. Your workers’ compensation lawyer in New York can help you collect evidence to prove the railroad was negligent.
Jones Act
Extending similar provisions to maritime workers, the Jones Act allows those injured at sea to bring personal injury actions against their employers. Because maritime workers are exposed to hazardous conditions each day, the Jones Act allows for those injured on the seas to file a personal injury to recover payment for recovery. Injured seamen must also establish that the employer was negligent.
Contact a Workers’ Compensation Attorney Today
FELA and workers’ compensation benefits provide injured workers with economic relief from hardships they may experience while recovering after a workplace injury. In some instances though, an injured worker may be denied benefits because of errors in an application or may be forced to face off against a workers’ comp insurer or other insurance company.
If you have been injured at work, contact the legal professionals at Gacovino, Lake & Associates, P.C. to discuss your case and to take action. We can help you secure the compensation to which you are entitled. Call us today at 800-550-0000.
