Workplace Accident

new york workplace accidentsWorkers’ compensation is insurance paid by employers that provides cash benefits and medical care if an employee becomes disabled because of workplace injuries, regardless of fault. The law firm of Oshman & Mirisola, LLP – originally founded over 35 years ago – was formed with the guiding principles of service to its clients and excellence in advocating their cases. If you or someone you know was injured in an on-the-job accident, contact one of our workplace accident attorneys today.

Workers’ Compensation Benefits

Workers’ compensation benefits entitle you to medical treatment to cure and relieve the effects of your injury. Treatment may include consultations, physical therapy, surgery, hospitalization, drug treatment, and nursing care, as well as physical and vocational rehabilitation services. You are entitled to be reimbursed for costs of mileage going to and from your medical appointments. You may also be entitled to lost wages.

It is important that you are aware of the following:

  • Insurance Company Doctors
    Your employer may tell you to visit an insurance company doctor to get a “second opinion.” You should consult your lawyer before going to an insurance company doctor. These doctors work with the insurance company, who wants to minimize their payout to you.
  • The term “reasonable medical care”
    “Reasonable medical care” includes, but is not limited to, surgery, special treatments, medications or physical therapy. If you refuse recommended treatment, your employer has the right to petition to have your benefits suspended.
  • The No Discrimination Rule
    No one can penalize you for filing a workers’ compensation claim if you have a work-related injury, illness or disease. If you feel that you have been discriminated against because of a worker’s compensation claim, contact Oshman & Mirisola, LLP immediately.
  • Retirement
    Retirement benefits should not affect the amount you receive under workers’ compensation. Sometimes, however, there are instances where an unsuspecting worker gets benefits reduced upon retirement. Know the details of your pension agreement so that you don’t lose all that is coming to you.

There is a critical difference between workplace injuries and other accident cases. Accident cases are governed by the tort laws. “Tort” means civil wrong, as opposed to criminal wrong. When a person commits a civil wrong he is obliged to pay civil damages to the person or persons injured by his act. Tort cases are based on a fault system. If an injured person can prove that some other person was at fault, that the fault caused an accident, and that the accident caused him an injury, then he is entitled to recover his full measure of damages.

The full measure of damages includes an allowance for pain and suffering and loss of life’s pleasures. These are often called “general damages.” It also includes compensation for all out-of-pocket losses such as medical bills, property damage, and lost wages. There are two problems with applying the fault-based system to workplace injuries: First, many industrial accidents happen without the fault of the employer. In those cases, the injured worker is left with nothing and has no remedy at law. Second, in order to prove fault, you need evidence. Evidence of fault usually consists of testimony by witnesses to the accident. In many cases the only witnesses to on-the-job accidents are other employees.

If you have been injured while on the job, please consider contacting Oshman & Mirisola, LLP. Even if you are already receiving benefits, it may be to your advantage to consult an experienced attorney to ensure that you are receiving the maximum benefits available under the law.

Reach Out to Our Workplace Accident Attorneys

If you feel that you have the basis for workplace injuries suit, it is important to contact an attorney immediately. Oshman & Mirisola, LLP will outline the documentation required, the decisions that must be made, and will continue to guide you through the legal process. We utilize the contingency fee system, where we not only provide free consultations, we never charge a fee unless we are successful in obtaining a settlement or jury verdict on your behalf. Contact us today at 1-800-400-8182, or contact us online for a free case evaluation.