Fundamental Legal Rights Afforded to an Injured Employee

Injured employee consulting a lawyer

An employee injured on the job has several legal rights. Generally speaking, here are just the rights afforded a workplace injury victim in New York include the following.

The right to see a physician

If you suffer an injury or illness related to your job, you have the legal right to visit a doctor and to seek medical treatment. If you experience injury, you should obtain first aid and essential medical treatment ASAP.

If it is not an emergency, make sure to visit a doctor accredited by the Workers’ Compensation Board.

The right to file a claim

When injured on your job, you have the legal right to pursue a New York workers’ compensation claim. You may also have the right to file a personal injury claim if a third party was to blame.

The right to work with an attorney of your choice

As an injured employee, you have the right to legal representation. You have the right to challenge decisions by your employer, insurance carrier, or even the workers’ compensation court.

Your worker’s compensation or personal injury New York attorney can represent you throughout the claim and appeal process.

The right to go back to your job

Once your physician releases you to return to work, you have the legal right to return to your workplace. Your employer should not retaliate in any way for your claim.

The right to disability compensation

If a workplace injury or illness prevents you from going to back to work, you can claim some disability compensation. It does not matter if you are unable to return to work permanently or temporarily.

If you suffer an on-the-job injury, your compensation may depend on the extent of your injuries and the person responsible for them. If the accident happened because a third party was negligent, your settlement might not be limited to workers’ compensation laws.

You have the legal right to file a claim against the third party under personal injury laws. An experienced New York attorney can help you get the compensation you deserve.