{"id":12244,"date":"2022-07-13T19:23:16","date_gmt":"2022-07-13T23:23:16","guid":{"rendered":"https:\/\/napoli-law.local\/uncategorized\/have-you-sustained-a-workplace-injury\/"},"modified":"2022-08-18T21:16:04","modified_gmt":"2022-08-19T01:16:04","slug":"have-you-sustained-a-workplace-injury","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/have-you-sustained-a-workplace-injury\/","title":{"rendered":"Have you sustained a workplace injury?"},"content":{"rendered":"<p>Navigating worker&#8217;s compensation and ensuring you receive the benefits you\u2019re due can be a challenge if your employer refuses to take responsibility for your workplace injury.<\/p>\n<h2><strong><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter wp-image-13754 size-large\" src=\"\/wp-content\/uploads\/2022\/08\/bigstock-First-Aid-Support-Accident-At-451628647-1024x683-1.jpg\" alt=\"A worker helping another worker after a workplace injury by giving him first-aid.\" width=\"900\" height=\"600\" \/><\/strong><\/h2>\n<h2><strong>What qualifies as an accident at work?<\/strong><\/h2>\n<p>Any accident experienced by an employee that\u2019s not the direct result of the employee\u2019s negligence or intent qualifies as a <a href=\"http:\/\/www.wcb.ny.gov\/content\/main\/Employers\/lp_workplace-injuries.jsp\" target=\"_blank\" rel=\"noopener\">workplace injury<\/a>. What makes the difference? If you\u2019re lifting a 40-pound box and you hurt your back, that would normally qualify as an accident at work. If you\u2019re intoxicated at the time that you do it, your employer could claim that the injury was caused by your intoxication in violation of company rules.<\/p>\n<p>&nbsp;<\/p>\n<p>Employers carry workers&#8217; compensation to provide benefits to employees who experience an injury at work. The premium (the amount they pay for insurance) depends on two factors. The risks associated with the work itself. The second is the company\u2019s claims history. Companies that experience a lot of injuries in the workplace will see their worker&#8217;s compensation premium rise. That creates an incentive for them to challenge any claim where they think they can pass the blame to you. That\u2019s why it\u2019s usually a good idea to speak to a <a href=\"https:\/\/www.napolilaw.lemonadestand.org,\/\">work accident lawyer<\/a> before filing a worker&#8217;s compensation claim.<\/p>\n<p>&nbsp;<\/p>\n<h2><strong>Common causes of Workplace injury<\/strong><\/h2>\n<p>In the construction industry, numerous risks could lead to workplace injury.<\/p>\n<ul>\n<li>A <a href=\"https:\/\/www.bls.gov\/opub\/ted\/2022\/a-look-at-falls-slips-and-trips-in-the-construction-industry.htm\" target=\"_blank\" rel=\"noopener\">\u201cslip and fall\u201d injury<\/a> is the most common type by far. This can easily occur when you\u2019re carrying a heavy object through a construction site when you\u2019re moving quickly on the job, or when the area you\u2019re working in is cluttered with building materials.<\/li>\n<li>Injuries related to tools are also common on construction sites.<\/li>\n<li>Falls from a higher height can occur in the construction of multistory buildings. These can cause more serious injuries.<\/li>\n<li>Falling objects can cause injuries, especially on multistory buildings.<\/li>\n<li>Auto accidents that occur in a company vehicle while conducting company business also qualify as workplace injury. So do accidents that occur in your vehicle while conducting company business you\u2019ve been specifically instructed to perform.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h2><strong>The importance of First Aid in the workplace<\/strong><\/h2>\n<p>Most injuries that occur on construction sites require that First Aid be administered quickly. If you or a co-worker is hurt on the job site, First Aid should be rendered quickly and 9-1-1 should be called if there\u2019s any risk of the injury being severe. Employers must ensure that First Aid materials are available on the job site. If they fail in that obligation and the lack of First Aid worsens the workplace injury, they may face additional liability.<\/p>\n<p>&nbsp;<\/p>\n<h2><strong>When to contact a lawyer?<\/strong><\/h2>\n<p>You should contact a construction accident lawyer as soon as you injure yourself at work. Although many workers&#8217; compensation benefits are easy to access, a construction accident attorney can guide you through the process. They can also ensure you receive your benefits and protect you if your employer opts to challenge the claim. In addition, many of the workers on any construction job site qualify as independent contractors, at least by some definition. An attorney can help you to ensure you qualify for benefits. In some cases when those benefits are not available they can help you seek damages from the company you\u2019re contracted to.<\/p>\n<p>&nbsp;<\/p>\n<p>For a free consultation with a construction accident attorney, <a href=\"https:\/\/www.napolilaw.lemonadestand.org\/\">follow this link<\/a>.<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Navigating worker&#8217;s compensation and ensuring you receive the benefits you\u2019re due can be a challenge if your employer refuses to take responsibility for your workplace injury. What qualifies as an&#8230;<\/p>\n","protected":false},"author":3,"featured_media":12247,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[778],"tags":[],"class_list":["post-12244","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-workers-compensation"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/12244","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/comments?post=12244"}],"version-history":[{"count":0,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/12244\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media\/12247"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media?parent=12244"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/categories?post=12244"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/tags?post=12244"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}