Road accidents to or from work do not have specific regulations, but there is case law on this matter that extends the concept of a work accident to accidents that occur "occasionally or after work", which therefore includes this type of movement. An aspect that must be taken into account since it implies a higher economic compensation than a non-work accident.
For an industrial accident to be considered as such, the injury must occur at work, within the established timeframes and at its location. However, in case of an accident, the route taken by the employee can be considered as the workplace and is included within the work day.
If you or a loved one have been victims of an accident on the way to or from your work, you should contact Conexión Legal as soon as possible by calling 1800 201 1220 or by writing to us through WhatsApp so that you can receive the best free consultation, and if applicable, obtain the highest possible compensation from a work accident attorney.
A widespread myth among the Latino community in the United States says that "if someone calls an ambulance, don't get in", due to lack of medical insurance, they fear the thousands of dollars that can be spent overnight in an emergency room in the United States.
The situation is different if the accident occurs at work: everyone who works in New York, including undocumented immigrants, has the right to medical care and workers' compensation.
According to the Bureau of Labor Statistics, 139,500 people were injured or hurt at work in the state of New York in 2016. Of these, 9,400 cases occurred in the construction industry, which also has the highest mortality rate.
And Latinos are predominantly in the construction industry. Four out of ten construction workers in New York City are Hispanic and most of them are also undocumented immigrants.
What Should I Do if I Had an Accident While Working in New York?
The best thing to do is to follow the advice of our labor attorneys:
- Seek medical attention immediately. If it is an emergency, for example. For example, if you fall from scaffolding or suffer a serious injury, call 911 (or ask a coworker to do it for you). Unless it is an emergency (for example, the movement causes a muscle injury), ask your boss who is the authorized medical provider for the Workers' Compensation Board and seek advice.
- Tell the doctor how you feel and describe any symptoms to make sure the doctor is taking the correct notes. If you go to the doctor and he gives you a form, indicate that this is a work accident. This way, medical bills can be sent to your employer or workers' compensation insurance company and not to you.
- Notify your manager of your injuries, not by phone or in person, but with a letter that you must send within 30 days of your injury.
- To receive employee compensation, you must first complete the forms requested by the Employee Compensation Committee (you can consult them at this link).
- Consult with a labor attorney or employee compensation attorney expert in workers' compensation, who will help you present your right to succeed before the Workers' Compensation Board. If your claim has already been denied, our New York attorneys will appeal and do everything in our power to obtain the compensation you legally deserve.
If required, you should contact Conexión Legal as soon as possible so that you can receive the best free consultation, and in your case, achieve the highest possible compensation.
Follow the steps in the following form to schedule your free consultation appointment.
