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In some ways, these two job injury claims are very different. Occupational injuries, like falls, usually happen suddenly and without warning. On the other hand, an occupational disease, according to the Occupational Safety and Health Administration, is “any abnormal condition or disorder resulting from a non-instantaneous event or exposure in the work environment.” Hearing loss is an occupational disease.
These two job injury claims are also similar in many ways, at least legally. Usually, workers’ compensation benefits, which are outlined below, are available for both occupational diseases and injuries. If the injury or disease is scaffolding-related, the Scaffolding Law applies, and these victims may sue in civil court.
In both cases, a job injury lawyer is an important part of the process. Eighty percent of the settlement money that insurance companies pay goes to victims who partner with a job injury lawyer. Furthermore, lawyers should give clients solid legal advice throughout the process. Unrepresented victims may miss important deadlines and be overwhelmed by the bureaucratic process.
Tazminat Mevcut
Workers’ compensation is a standalone system that exists outside the normal civil court system. Employers originally set up this no-fault benefit system in the early 1900s after workers gave up their right to sue in court.
For many years, those who ran the well-funded workers’ compensation system quickly paid benefits to injured workers. These benefits include:
- Kayıp Ücretler: Usually, workers’ compensation pays victims two-thirds of their average weekly wage (AWW) for the duration of their temporary or permanent disabilities.
- Sağlık Faturaları: By law, the workers’ compensation insurance company must pay all reasonably necessary medical bills, from initial paramedic treatment to the last day of physical therapy.
Today, things are different. Lawmakers have steadily reduced workers’ compensation insurance premiums, so there’s less money available to compensate victims. Furthermore, insurance company interests now dominate the workers’ compensation system.
Scaffolding law claims are effectively no-fault claims as well. Under current law, employers are strictly liable for injuries or illnesses related to unsafe scaffolding. These victims are also entitled to additional compensation for noneconomic losses, such as pain and suffering.
Sometimes, the two systems overlap. For example, if an employer deliberately allowed an injury, perhaps to retaliate against the employee for some reason, the employee can file a civil claim.
Occupational Injury Issues
These claims may appear straightforward, but appearances can be deceiving. Common issues in occupational injury claims include damages, disputes, and eligibility issues.
Most insurance company adjusters believe “reasonably necessary” means “cheapest available.” For example, if an ambulance transported a fall victim to a hospital, an adjuster might argue the expense wasn’t reasonably necessary, as the victim could’ve called an Uber.
As for eligibility, “no-fault” basically means “mostly no-fault.” Some defenses, such as drug use or horseplay, sometimes apply to occupational injury claims.
At an initial review, most Claims Examiners side with insurance companies. If a job injury lawyer appeals the matter to an Administrative Law Judge, the chances of obtaining fair compensation vastly improve.
Falls are the most common occupational injuries. A fall from four stories above ground is normally fatal. Slip-and-falls are the leading cause of injury-related Emergency Room visits in New York. Even if the victim survives, slip-and-fall injuries can be permanently disabling. For example, a fall victim might permanently lose range of motion in a hip or other joint.
Occupational Disease Issues
The statute of limitations and a non-work cause are the most common occupational disease defenses in New York.
Usually, the injury statute of limitations is two years. Many workers’ compensation matters have even shorter deadlines, depending on policy guidelines. As mentioned, occupational diseases develop slowly over time. If Mike loses part of his hearing, he may not go to the doctor for several months or years.
The discovery rule usually applies in these scenarios. The statute of limitations clock, whether it’s two years or shorter, only starts ticking when victims know the full extent of their illnesses and they connect their illnesses with a work-related hazard.
Speaking of non-work causes, insurance companies often try to use these matters as an excuse to reduce or deny compensation.
The eggshell skull rule protects these victims. Insurance companies and other defendants take victims as they find them. If the victim has a unique vulnerability, full compensation is still available.
Hearing loss, a condition which affects over sixty million Americans, is the most common occupational disease. Others include repetitive stress disorders and toxic exposure illnesses.
Occupational disease and occupational injury victims have legal options. For a free consultation with an experienced job injury lawyer in New York, temas etmek Napoli Shkolnik. We do not charge upfront legal fees in these matters and only recover a fee when we win the case.