Worker’s compensation is a set of laws intended to protect those injured on the job. The goal of worker’s comp is to help these workers get medical care, compensation for lost wages, and, if required, vocational rehabilitation. When a worker dies on the job, their survivors are eligible for compensation. If you have been injured at work, you can benefit from a consultation with an attorney who can help you get the benefits you deserve.
Coverage Exclusions
Depending on where you live, you may not be able to collect benefits if your injury resulted from on-the-job intoxication or from your willful conduct. A Worker’s Compensation Attorney in Patchogue NY can tell you whether your conduct could preclude you from receiving compensation for your injuries.
Federal Laws
Certain federal laws grant a higher level of protection to certain workers, such as:
* The Federal Employment Liability Act – FELA makes railroad companies responsible for employee injuries due to negligence.
* The Jones Act gives seamen the ability to seek “maintenance and cure” benefits when they are injured on a US vessel because of employer negligence.
* The Black Lung Act offers compensation to coal miners with pneumoconiosis, or black lung disease.
* The LHWCA provides benefits to certain private maritime employees.
Litigation
Most workers do not know how the worker’s comp system works, but severely injured workers can have significant difficulty navigating that system – making it especially important that they consult a lawyer. Litigation is usually simpler than a conventional personal injury case, because it takes place in an administrative setting that has a lower standard of evidence. Attorneys’ fees are ordinarily limited by state law.
When you can Sue
Ordinarily, if you qualify for worker’s comp you cannot sue your employer. There are very few exceptions to the rule; if an employer intentionally injures an employee, or if they fail to carry legally-required worker’s compensation coverage. Exceptions are very narrow, and it’s not very often that employers create dangerous conditions. Gilbert, Blaszcyk and Milburn, LLP a Worker’s Compensation Attorney in Patchogue NY can help you determine whether you have a case against your employer, and they can represent you in court should the need arise.
