Why should I call a Workplace Accident Lawyer For Help?
Work Accident means any accident that happens at the workplace or during work-related tasks. Work accidents can include but are not limited to the following injuries; Slip and Fall, Fall from Height, Entanglement, Negligence of the third party, Vehicle Accident, etc. Some accidents might require more than just a workers comp lawyer; there could be more than one injury lawyer involved. In work accident cases, the worker/employee should consider one thing the employer or the contractor owes the duty of care towards you, so if you are injured in a work accident, then the employer or the contractor should pay the compensation. The majority of states of the USA legally bound the employer to cover the employees under worker compensation, but in a few states like Texas, it is not mandatory.
A workers comp lawyer fights for your medical treatment
These insurance carriers will provide direct payments to workers comp doctors. A workers comp doctor, is a healthcare provider that is certified to treat injured workers. These rules apply in New York but differ from state to state. The medical treatment must be necessary and address injury or illness that has occurred from the job.
It is often that the insurance company will render a examination from a third party. The third party doctor will render a professional opinion of the cause of the injury or illness. They will also make opinions whether the treatment was appropriate and if the patient will require more treatment. Based of this examination the insurance company may issue a notice that they will not cover any further treatment. This is where the workers comp lawyer will get involved. The lawyers will advocate for their clients and fight to get more medical care when their treating doctors deem it medically necessary.
When someone has injuries due to a work-related accident, they can seek treatment. The employer’s workers compensation insurance covers the medical treatment. Some of the more common insurance carriers in New York are:
- New York State Insurance Fund (NYSIF)
- Liberty Mutual
- PMA Insurance
- Wright Risk Management
- Gallagher Bassett
- The Hartford
One workers comp accident, two injury lawyers
When someone has a work accident, depending on the situation, it may need more than one lawyer. For example, a person has a construction accident where they slip and fall. The accident results in the person injuring their lower back. This accident may also result in permanent damage to their back. The victim will contact a workers comp lawyer to represent them against the employer. They might also contact a personal injury lawyer and file a lawsuit against the property. The second attorney will be representing them in a premises liability lawsuit. Furthermore, they will file for workers’ compensation and a personal injury claim.
In work accident cases, there is an essential legal element that a worker/employee should understand if the worker is injured due to negligence of the third party at the workplace or work-related task. The worker can claim compensation from both parties i.e. employer and the third negligent party. For example, suppose a worker was on a work-related task, driving the employer’s vehicle, and got into an accident with another vehicle. In that case, the worker can claim compensation from the negligent party and the employer.
There are remedies; Medical Treatment, Compensation of loss of income, Restraining Cost if you are no longer fit for the job, In case of permanent injuries, partial compensation, compensation of pain and suffering, and other non-economic damages and Benefits to the family.