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Can You Be Disqualified From Receiving Workers’ Compensation in New York?

Can You Be Disqualified From Receiving Workers' Compensation in New York?

If you are injured on the job in The Bronx, workers’ compensation will generally help you pay your medical bills and reimburse some of your lost wages. Workers’ compensation is a no-fault insurance employers provide for employees. Most employers in New York are required by law to have workers’ comp insurance for their employees.

Reasons Why You Could Be Disqualified From Receiving Workers’ Compensation in Bronx, NY

Even though workers’ compensation is a no-fault system, you can be disqualified from getting benefits for several reasons. Understanding your responsibilities for a work-related injury claim can help you avoid making a mistake that could result in disqualification.

Failing To Report Your Injury to Your Employer

You must notify your employer of a work-related accident or injury within 30 days from the injury date. You could lose your right to workers’ comp benefits for failing to report your injury. Report the injury in writing and verbally to protect your interests.

False Representation

If you lie, mislead, or omit information in your workers’ comp claim or during your case, your workers’ comp claim could be denied and workers’ comp benefits terminated. Examples of disqualification for false representation include:

  • Failing to disclose a job or work you are performing, even if you are volunteering and not being paid.
  • Not disclosing all sources of income.
  • Failing to disclose any business prospects you pursued, even if they did not work.

If you are concerned about whether you are required to provide certain information to the workers’ comp insurance company or your employer, talk with a lawyer before you submit your claim. A Bronx workers’ compensation attorney will review the matter and advise you of your rights and responsibilities.

Intoxication and Voluntary Horseplay/Fighting

You can be at fault for causing your injury and still receive workers’ comp benefits. However, if you were intoxicated when you were injured, or your injuries are because of voluntary fighting or horseplay, you may be disqualified from receiving workers’ comp. Generally, you won’t be denied workers’ comp if you were defending yourself against an attack when you were injured.

Failing To Seek Prompt Medical Treatment

You should see a medical provider as soon as possible after a workplace accident, injury, or illness. Failing to see a doctor promptly could result in the insurance company disputing your claim. The company may argue that your injuries are not serious or you were not injured on the job.

You Are Not an Employee

Workers’ compensation does not cover Independent contractors. Sometimes, a person who might be considered an independent contractor could be hired as an employee. Call an attorney if you are unsure of your position with the company.

Lack of Evidence

You must have been injured during the ordinary course of employment. In other words, you were performing your job duties when the accident occurred. A lack of evidence proving your injury was related to your job could result in disqualification.

Missing Deadlines

You need to pay attention to deadlines in your workers’ comp case. Two deadlines that could result in your claim being denied or terminated are:

  • Failing to notify your employer within 30 days
  • Failing to file a workers’ compensation claim within two years

There may be other deadlines for your workers’ comp claim. If you hire an attorney, your lawyer monitors the deadlines for you.

Refusing Work Accommodations

Your doctor might release you to light duty or modified work, which means you can perform some work duties with restrictions or modifications. Refusing to work could disqualify you from workers’ compensation benefits.

Tips for Preventing Being Disqualified From Workers’ Compensation in New York

You can take steps to avoid losing your workers’ comp benefits. Things to do if you are injured on the job in New York City include:

  • Report the injury to your employer immediately
  • Seek prompt medical treatment for workplace injuries
  • Follow your doctor’s treatment plan and keep all medical appointments
  • Be honest about your accident and injuries
  • Report updates from your doctor to your employer
  • Follow all work restrictions provided by your doctors

You are not required to hire a Bronx workers’ compensation lawyer, but it can be in your best interest to do so. Having legal guidance as you navigate the workers’ compensation claims process can help you avoid making mistakes that could cause you to lose your benefits.

If you were injured in a workplace accident in Bronx, NY, and need legal help, contact our Bronx Workers’ Compensation attorneys at O’Connor Law PLLC to schedule a free case consultation today.

O’Connor Law PLLC 626 City Island Ave, Bronx, NY 10464 (914) 595-4502

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