Did you slip and fall at work? Or maybe you were hurt while lifting a tray laden with plated dinners for ten?
According to the National Floor Safety Institute, slip and fall accidents are the leading cause of worker's compensation claims in the U.S. These injuries are also most likely to affect people aged 55 and older.
At Smiley and Smiley, we understand getting hurt at work is a serious matter. In New York, typically, such claims are covered under the Empire State worker's compensation (WC) laws. In general, a worker will have two years to make a claim for a workplace injury, but different factors can affect the actual statute of limitations in each situation. Two important dates are the date you got hurt and the last date your worker's compensation carrier paid expenses related to your injuries. Only a licensed attorney specializing in these cases should advise you of how much time you have to bring any claim against your employer for on-the-job injuries.
Dealing With Restaurant Workplace Injuries
When you're hurt on the job, it's important to determine if your employer was negligent by failing to protect you and your fellow workers from known hazards. When we review potential claims, we're not only looking to see if the employer's insurance carrier is cooperating and effectively handling your medical care and lost wages. Also, we're concerned with potential negligence that may have been committed by a third party, which contributed to your injuries.
Each case we review is different. Generally, in a case where the insurance carrier is paying for your medical care, you would only want to seek an attorney if your goal is to seek a permanent settlement. It's hard to begin the lengthy process of calculating a claim's value until the treating doctor determines the worker has reached maximum medical improvement (MMI).
Knowing Your Rights
If you feel frustrated with the lack of communication from your WC claims adjuster, you may need to hire an attorney before reaching MMI. We understand that you are hurting and wish to resolve this matter while protecting your rights under state law.
We hope to review your case and determine if we can help. For more details, please contact us today!