There are many types of workers’ compensation claims. Most claims fall into one of the four categories: accidental injury, occupational disease, hearing loss, and death claims. If you or a loved one have any questions about how these four claim categories affect those receiving workers’ compensation, the attorneys at Lewis & Lewis can answer your questions.
Accidental Injury
An accidental injury is a sudden injury that occurs during the course of employment. If you sustain an accidental injury at work, you must notify your employer and complete an accident report as soon as possible. The law requires that accidents be reported within 30 days. Additionally, it is important to seek medical care as soon after the accident as possible. Make sure that your doctor knows your injury occurred at work and makes a record of what happened. If you cannot work because of the injury, make sure you obtain a medical excuse that details your work restrictions. If a co-worker witnessed your injury, make sure to provide that information to your employer and workers’ compensation attorney.
Occupational Disease
Some work injuries develop over time due to job duties and certain elements of employment. Injuries that develop over time because of some specific aspects of a person’s job are called occupational diseases. Occupational disease claims often occur because of repetitive activities. Occupational disease claims can involve back injuries due to repetitive lifting, shoulder injuries due to repetitive arm movements, and conditions like carpal tunnel syndrome due to excessive use of the hands.
Before you can file a claim, you need to explain your work activities to your doctor and ask your doctor to indicate whether your work activities caused your injury. You also need to report the condition to your employer. Once your doctor has confirmed that your injury is work-related, you should notify your employer.
Hearing Loss Claims
Workers’ compensation law covers claims for work-related hearing loss. This type of workers’ compensation claim is available to people who have experienced a sudden onset of hearing loss due to acute exposure to very loud noise and to people who have lost hearing due to long term exposure to noise at work.
To file for this type of workers’ compensation claim, you must obtain a hearing test and a doctor must say that your hearing loss is related to your employment. If you worked in a loud environment and have had a loss of hearing, Lewis & Lewis can walk you through the process of filing a claim.
Death Claim
New York State’s workers’ compensation law includes provisions for death claims. A worker may die while on the job or die as a result of injuries experienced at or from work. For example, an injured worker may die due to complications following surgery related to their workers’ compensation claim. If a loved one has died during the course of their employment, or because of their workers’ compensation injury, Lewis & Lewis can help you through the process of filing a workers’ compensation claim and securing all benefits your family may be entitled to.
