Baristas might not work with heavy machinery, but they can still experience repetitive motion injuries, burns from hot equipment or drinks, or slips and falls. Like all employees in New York state, baristas have the right to workers’ compensation for necessary medical expenses and lost wages.
If you have been injured or are experiencing pain while working as a barista, you need to take action and talk to an attorney at our law firm as soon as possible. Even if your injury seems obvious, your employer or their insurance company may try to contest your claim. Hidden injuries like “barista’s wrist” are even more difficult to prove and may require extensive documentation.
Under New York law, you may be entitled to compensation for an injury incurred while working. These can include:
To receive cash benefits, the injury must be severe enough to affect your ability to work or cause you to miss work for more than seven days. The employer’s insurance must cover your necessary medical care regardless of the severity of the injury or how long you miss work.
To qualify for workers’ compensation, you need to report your injury to your employer. Notify your employer immediately, and obtain medical treatment. Under the law, you have 30 days to report the accident that caused the injury.
Emergency care can be from any provider, but non-emergency care must be from a provider authorized by the New York Workers’ Compensation Board. Failure to follow all medical care instructions may result in your claim being disputed later, so read all prescriptions and doctors’ orders carefully.
You can apply for workers’ compensation benefits once you’ve notified your employer and received medical care. All workers’ compensation cases are subject to a two-year statute of limitations, so you need to move quickly to get compensation and pay your bills.
Since barista wages are already low, it’s critical that you get as much of your workers’ compensation benefits as possible. An experienced workers’ compensation attorney at O’Connor Law, PLLC, is your best option for making a successful claim. Arm yourself with applicable knowledge: Additional Reading