If you sustain an injury while on the job and have to miss work to recover, it is critical that you understand your options for pursuing compensation under employment law. In the state of New York, for example, most individuals who are classified as employees are eligible for workers’ compensation. If you were hurt at work and need assistance with your claim, contact MacVean, Lewis, Sherwin & McDermott, P.C. in Middletown, NY. Below, they answer some of the most common questions on workplace injury. 

FAQs Regarding Workers’ Comp Benefits Under Employment Law

What Should I Do If I Am Hurt on the Job?

Your first priority following a work injury should be your health; however, you must seek medical attention from a provider authorized under your employer’s plan. Your employer or their insurance carrier should cover the costs of all necessary medical care related to the injury.

What Kinds of Benefits Can I Receive?

If you have a valid claim, you should be able to collect compensation for your medical bills. Additionally, if you are unable to work for more than seven consecutive days, you may be eligible for cash benefits. The amount that you receive will be based on your average weekly wage over the past year and the level of your disability. Depending on the extent of your injuries, you may also be eligible for additional benefits, like vocational rehabilitation and education.

How Does Fault Affect Workers’ Comp Eligibility?

Under employment law, fault does not usually play a role in eligibility. As long as you were performing a task that corresponds directly to your job duties, you will be able to receive benefits, regardless if you played a role in the incident that caused your injuries.

What Should I Do If My Claim Was Denied?

If your benefits claim was denied, you need to understand why it was rejected in order to determine the best way to proceed. Common reasons for denial include insufficient evidence that the injury was work-related, employer disputes, and missed deadlines. Depending on the reason for the denial, you may be able to file an appeal and secure the benefits you deserve.

If you want to apply for workers’ comp benefits in New York, contact MacVean, Lewis, Sherwin & McDermott, P.C. in Middletown. They have been winning workers comp, divorce, and criminal cases for over 130 years, and they’re ready to fight for you. To see how they can help you with employment law, visit their website or call (845) 343-3000 and talk to an attorney today.