Answering Frequently Asked Workers’ Compensation Questions
Scott D. Frendel is a highly regarded attorney in the field of workers’ compensation. Our attorneys are here to answer your questions and help you obtain the workers’ compensation benefits you need throughout Rockland County, Orange County, Westchester County, Bronx and Manhattan.
What Is The Difference Between Workers’ Compensation And Personal Injury?
Workers’ comp provides benefits for an injury at work regardless of negligence. You cannot sue your employer, and if you are injured at work, your only recourse is workers’ compensation, which is a benefit your employer must provide. In a personal injury lawsuit, the injured party must prove negligence and you are entitled to money damages for pain and suffering (which is not applicable to workers’ compensation.)
Can I File A Personal Injury Claim For A Workplace Injury?
If your employer has workers’ compensation coverage, you cannot pursue a personal injury lawsuit against your employer. However, if a third party caused your workplace injuries, you can file a personal injury lawsuit while still obtaining workers’ compensation benefits.
Can I See My Own Doctor?
You can see your own doctor after a workplace accident, but you should make sure your doctor accepts New York workers’ compensation for payment. However, you will still likely need to submit to a medical examination that your insurance company schedules who will offer an opinion on treatment.
What If I’m Forced To Return To Work Before I’m Healthy?
You do not have to return to work until you are physically capable of completing the essential function of your role. You should listen to your doctor in this regard, understanding that the opinion for the insurance companies doctor will likely differ from yours. If your employer is pressuring you to return, we will fight to protect your rights guaranteed under state and federal law.
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