10 Important Legal Tips For New York Accident Victims
1.Even if you are paid off the books, you are entitled to workers compensation, but not social security disability.However, you may be entitled to supplemental security income.
2.If you are in the country illegally, you are still entitled to workers compensation benefits, but not social security benefits.
3.If you are struck by a motor vehicle and the driver flees the scene, you should call the police from the scene.If you do not, report the accident to the nearest police within 24 hours or you may lose coverage for medical benefits and lost wages.
4.If you are in a motor vehicle accident, you must file a no-fault application with the correct insurance company within 30 days or you will lose coverage for medical benefits and lost wages.
5.If you are injured in a motor vehicle accident, you should not use your private health insurance to pay the medical bills until your no-fault insurance ends.
6.If you are in a job related accident, you should immediately notify a supervisor or your employer that you were injured while workingand complete a written accident report. If you do not give your employer notice of the accident within 1 month, you may lose your right to health coverage and lost wage benefits under the workers compensation law. You should inform every medical provider afterwards that you were injured in a work related accident.
7.An employer is not permitted to fire an employee or take any retaliatory action for filing a workers compensation claim.
8.In most instances, you cannot sue your employer for a work accident.However, a person may be able to sue other responsible parties. For instance, an injured construction worker may have a workers compensation claim against the employer and a personal injury lawsuit against the owner of the building or general contractor for failing to provide a safe workplace and proper safety equipment.
9.If a person falls from a ladder or scaffold, or an object at a construction site falls on the worker, there may be a personal injury suit for violating the NYS labor laws.
10.You are legally entitled to a copy of your medical records and should get them immediately if you believe a doctor or hospital committed medical malpractice to avoid them making any changes to the records.