SSKB News

Workplace injuries can be stressful and overwhelming, especially when you’re unsure of what steps to take to protect your health, rights, and financial stability. Whether you work in construction, an office, a warehouse, or any other environment, it’s important to know what to do after an accident. As a personal injury paralegal at Salenger, Sack, Kimmel & Bavaro (SSKB), I’ve helped guide many injured workers through the legal process.

Here’s what you need to know if you’ve been injured at work.

Step-by-Step Guide: What to Do After a Workplace Injury

  1. Notify Your Supervisor or Manager Immediately

The first step after a workplace injury is to report the incident to your supervisor or manager as soon as possible. Many employers have internal reporting protocols, and filing an official report ensures that there is documentation of the injury.

• Why It Matters: An accident report can help support your claim if you need workers’ compensation or if a dispute arises regarding how the injury occurred.

Tip: Be specific when describing the incident. Include what happened, how it happened, and any contributing factors, such as hazardous conditions or lack of safety equipment

    2. Seek Medical Attention Right Away

Even if your injury seems minor, it’s crucial to see a doctor immediately. Some injuries may not show full symptoms until days later, and early treatment can prevent further complications.

• If Your Injuries Are Severe: Call emergency services or visit the nearest hospital.
• If Your Injuries Seem Minor: Schedule an appointment with a medical professional to document your condition.
• Why This Is Important: Medical records are critical evidence in both workers’ compensation and personal injury cases. They validate your injuries and show the extent of medical treatment needed.

3. Start the Workers’ Compensation Claim Process

If your pain persists after a day or two or if your injuries are severe, notify your employer that you would like to start a workers’ compensation claim. The sooner you begin this process, the better protected you’ll be.

• Request Workers’ Compensation Forms: Your employer will provide you with required forms to initiate the claim.
• Don’t Delay: New York law has strict deadlines for filing workers’ compensation claims. Delaying could jeopardize your benefits.
• What Workers’ Compensation Covers: Medical expenses, lost wages, and rehabilitation costs related to your workplace injury.

4. Consult a Workers’ Compensation Attorney

Navigating the workers’ compensation process can be complex, especially if your claim is denied or if the insurance company disputes the extent of your injuries. An experienced workers’ compensation attorney can:

• Assist with Form Completion: Ensure all forms are accurately completed and submitted on time.
• Communicate with Insurers: Handle discussions and negotiations with insurance companies.
• Secure Maximum Benefits: Advocate for fair compensation, including lost wages and medical coverage.

When a Third-Party Lawsuit Might Be Necessary

Sometimes, workplace injuries are not solely the fault of the employer. A third-party lawsuit may be an option if another company or individual contributed to unsafe conditions.

What is a Third-Party Claim?

A third-party claim is a personal injury lawsuit against an entity other than your employer. This may include:

• Contractors or Subcontractors: If you were injured on a construction site where another company was responsible for site safety.
• Property Owners: If you were injured while working at someone else’s property due to unsafe conditions.
• Product Manufacturers: If defective equipment or tools caused your injury.

Examples of Third-Party Claims:

• A delivery driver injured in a slip-and-fall accident at a client’s business.
• A construction worker hurt by a faulty machine provided by a different contractor.
• An office worker injured due to negligent property maintenance at a leased office building.

Gathering Evidence: What Information Should You Collect?

To strengthen your claim, whether for workers’ compensation or a third-party lawsuit, collect as much evidence as possible:

📸 Photos of the Accident Scene: Take pictures of hazards, unsafe conditions, and visible injuries.
👤 Witness Information: Collect the names and contact details of anyone who saw the accident.
📄 Document Key Details: Record the names of supervisors, companies on site, property owners, and the exact address of the incident.
📝 Medical Records: Keep detailed records of medical treatments, diagnoses, and prescriptions.

Why Medical Records and Consistent Communication Matter

In my experience, keeping your attorney updated on your medical treatment and injury status can significantly speed up the resolution of your case.

• Medical Records: These documents provide objective evidence of your injuries and treatment history.
• Consistent Updates: Informing your legal team about new treatments, doctor visits, or changes in your condition helps build a strong case.

Avoid Comparing Your Case to Others

Every personal injury case is unique, involving different:

• Circumstances of the Accident: How and where the injury happened.
• Responsible Parties: Whether a third-party claim is possible.
• Insurance Policies: Limits and coverage specifics.
• Injury Severity: The impact on your life and ability to work.

Comparing your situation to a friend’s or co-worker’s case can lead to unnecessary stress. Instead, trust your attorney’s guidance to navigate your specific case.

When in Doubt, Ask Your Attorney

Your attorney is your best resource when you have questions or concerns about your case. It’s important to communicate openly, providing all relevant information to help them advocate effectively on your behalf.

• Don’t Rely on Outside Opinions: Only your attorney can give accurate legal advice tailored to your unique situation.
• Stay Engaged: Regularly check in with your legal team to stay informed about the progress of your case.

Conclusion: Protecting Your Rights After a Workplace Injury

If you’ve been injured at work, taking immediate action and seeking professional legal guidance can make a significant difference in the outcome of your claim. Whether through workers’ compensation benefits or a third-party lawsuit, our team at SSKB Law is here to support you every step of the way.

If you need help with your workers’ compensation claim or believe you may have a third-party personal injury case, contact SSKB Law today for a FREE consultation.