Workers’ Compensation For Nurses In New York
Nurses make up the largest group of health care professionals in the U.S., and they experience higher rates of work injuries and illnesses than almost every other occupation. More than half of American nurses report experiencing issues with their mental and physical health. In the workplace, nurses often experience back injuries, needle sticks, slips, falls, and more. Because of this, it’s crucial for nurses to understand how to handle work injuries and their legal rights for maintaining employment and recovering workers’ compensation.
Expertise
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Content written by Samuel Meirowitz
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Experienced Personal Injury Attorney
Are there any differences between claims for home health aides working in private homes versus hospital nurses?
There are no differences for a home aid vs a nurse. When are you at work when, when, you know, when does your coverage under workers compensation start right might be different, but that is all. The only time it will be different is when you see cases that come up with homeowners that didn't know they were supposed to be insured. Some contractor working on a house. If you have somebody working in your house full time, you need to buy your own policy for them.
Legal Rights for Nurses Injured on the Job
When nurses are injured at work, they have the right to receive workers’ compensation benefits and report unsafe working conditions. Under federal law, employees are entitled to a safe workplace free of known health and safety hazards, and workers have the right to speak up about hazards without fear of retaliation. If you do become sick or injured on the job, you can file a confidential safety and health complaint with the Occupational Safety and Health Administration (OSHA).
Most employers across the U.S. are also required to provide workers’ compensation benefits for workers who fall sick or become injured on the job. The benefits provided by workers’ compensation programs allow injured and sick workers and their families to focus on recovery without worrying about financial burdens. These benefits ensure workers can receive necessary medical care and income replacement during their recovery process.
Reporting Unsafe Working Conditions
Nurses have the right to report injuries, safety issues, and any retaliatory actions taken against them for speaking up. You can file an OSHA complaint online, via email, in the mail, or by calling your local OSHA office.
Which Type of Workplace Nursing Injury Occurs Most Often?
Registered nurses in the U.S. often face workplace hazards while performing routine duties, leading to injuries like falls, sprains, strains, tears, and overexertion. Many nurses spend time walking, bending, stretching, standing, lifting and moving patients, and coming into contact with potentially harmful or hazardous substances like needles and drugs.
In 2016, workplace hazards for RNs resulted in nearly 20,000 nonfatal injuries and illnesses that required at least one day off work. Back injuries are the most common, and registered nurses have almost twice as high an incidence rate of back injuries as all occupations as a whole.
Filing a Workers’ Compensation Claim for a Nurse Work Injury
There are workers’ compensation programs at the state and federal levels; state programs handle claims for private employers and state or local governments, while federal programs handle claims for federal employees and some other specific groups. All workers, including undocumented immigrants, are generally eligible for workers’ compensation benefits in most U.S. states.
In New York, the process of filing a workers’ compensation claim begins with receiving medical treatment for your injury or illness as soon as possible. Then, you have 30 days to provide written notice of your condition to your employer to be eligible for benefits. After notifying your employer, you have two years from the date of your injury or illness to file a claim. The process can be overwhelming and complex for those unfamiliar with it—an experienced workers’ compensation attorney can assist you in filing everything on time and receiving the maximum possible benefits for your injury or illness.
The Claim Process
The process for filing a workers’ compensation claim as a nurse in New York is as follows:
- Get medical attention immediately – You can receive medical attention by dialing 911 in an emergency, visiting the nearest hospital, or scheduling an appointment with your primary care physician. It’s important to do this as soon as possible after discovering the injury or illness.
- Notify your employer within 30 days of the incident – Notifying your employer quickly is required for a workers’ compensation claim. In most cases, you have 30 days to provide written notice of your injury or illness to be eligible for workers’ compensation benefits.
- File a claim within two years – Under New York law, you have two years from the date of your workplace injury to file a claim.
- Appeal your decision within 30 days – Depending on the outcome of your workers’ compensation claim filing, you can appeal any decisions or disputes within 30 days.
Legal Assistance for Nurses Injured at Work
If you or a loved one has been injured or become sick because of your job, workers’ compensation benefits are a good way to mitigate some of the financial loss you’ve experienced. However, filing a claim for these benefits can be complicated–an experienced workers’ compensation attorney can assist you in navigating the claims process and answering questions about your benefits. An attorney can be especially helpful if your claim is denied or disputed. At Meirowitz & Wasserberg, our work injury attorneys have the resources and skill to stand up to large corporations that prioritize profit over worker safety.
Why Consult an Injury Attorney?
In some cases, workers’ compensation claims may be denied due to a lack of evidence, a delay in filing, or for injuries that are not work-related. However, some claims are wrongfully denied because the employer does not want to increase their insurance premiums. For this reason, it’s a good idea to contact an experienced work injury attorney to assist you in pursuing your claim and filing an appeal in the case of denial.
Navigating complex workers’ compensation laws without expert guidance may feel overwhelming, but working with an experienced New York work injury attorney, you can maximize your claim’s chance of success.
How Meirowitz & Wasserberg Work Injury Lawyers Can Help
After being injured in your workplace as a nurse, you may feel overwhelmed with the burden of medical care, bills, and lost income from missing work. The best way to focus on your recovery and ease the financial burden is to act quickly in filing a claim for workers’ compensation benefits. An experienced work injury attorney can guide you through this process, ensuring you have time to heal and maximizing your chances of receiving fair compensation.
Meirowitz & Wasserberg is a nationally recognized personal injury law firm made up of award-winning trial attorneys. We have successfully handled countless workers’ compensation cases and work injury lawsuits, recovering more than $500 million in verdicts and settlements for our clients. If you or a loved one was injured while working as a nurse in New York, our team of experienced attorneys can help. Contact us today for a free consultation and to get help filing or appealing your claim by calling 800-726-6326, extension 123, or filling out our online contact form.
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