Managing Partner
Shoulder and back injuries are among the most common—and most debilitating—medical conditions suffered by employees. There are a variety of ways that employees develop chronic back and shoulder pain, including repetitive strain, accidents, and the physical demands of daily work. In New York, many workplace injuries are covered by workers’ compensation insurance. In this article, we discuss workers’ compensation for chronic back and shoulder pain.
About Workers’ Compensation
As the name suggests, workers’ compensation provides financial compensation to injured employees. To be eligible to receive workers’ compensation benefits for an injury in New York, the injury must have occurred on the job and also be directly related to work activities.
Eligibility
The primary requirement for obtaining workers’ compensation in New York is that the injured person be a full-time or part-time employee working in the state. And as noted above, the injury sustained by the employee must be directly related to his or her job duties or have occurred during the course of employment.
A key point about workers’ compensation in New York is that independent contractors are not eligible for workers’ compensation benefits. However, employers sometimes try to classify employees as independent contractors for various illicit reasons. Therefore, if you’ve been injured on the job, you should contact an experienced attorney for assistance, even if you believe that you are an independent contractor.
Medical Treatment Coverage
Under the workers’ compensation system in New York, employees suffering from shoulder and back injuries due to occupational hazards are entitled to coverage for medical treatment. This means that workers’ compensation will cover all necessary and reasonable expenses related to an injured employee’s injury.
Filing a Workers’ Compensation Claim for Chronic Back and Shoulder Pain
After discovering that you have work-related chronic back or shoulder pain in New York, you should take the following steps.
Report the Injury
The first thing you should do is report the injury to your employer within 30 days of the incident that caused the injury. However, particularly with chronic injuries, it may be difficult to pinpoint the date that the injury occurred. So, if you don’t know the exact date that you suffered your injury, you are required to report it as soon as you realize that the pain you are experiencing may be related to your work activities.
File with the New York Workers’ Compensation Board
After you report your chronic back or shoulder pain to your employer, you should file a workers’ compensation claim with the New York State Workers’ Compensation Board. As noted in the step below, it is highly recommended that you seek the guidance of an experienced attorney before doing so. An attorney will help ensure that you file your claim properly.
After filing your claim, the board will determine if you are eligible for benefits. If approved, you can receive compensation for medical treatment, disability benefits if you are unable to work, and even rehabilitation or retraining services. And if you are not approved, it may be possible to file an appeal.
Contact a Long Island & New York Workplace Accident Attorney
Finally, if you are suffering from chronic back or shoulder pain, you should contact an experienced New York workplace accident attorney today. At Dell & Dean, PLLC, our experienced New York workplace accident attorneys will work diligently to obtain compensation on your behalf. Please contact us today to schedule an initial consultation with a workplace accident attorney.
