Legal Question in Workers Comp in New York

It is a work related injury but.......

In order to collect benefits other than medical bill payments, a Workers Compensation Claimant needs to be out of work for more than a week, or have a permanent injury / loss of use. If you did suffer some serious injuries in this incident you should file a claim to protect your right to free medical coverage for the injury. This usually does not require an attorney.

feel free to call with any questions.

5853195334

Re: Do I qualify for Workers Comp?

It really depends on whether the fainting incident was caused by something at work. The fact that you fainted while at work doesn't automatically mean that it is "work related." The compensation law requires that an injury arise "out of" and "in the course of" your employment. If you fainted due to reasons unrelated to your work but just happened to be at work at the time, it would not be a compensable claim. It is possible to have an "ideopathic" onset of non-work related symptoms that just happen to arrive at the same time you are working and this is a common defense raised by many workers compensation insurance companies. I would recommend reporting the accident to your employer immediately (within 30 days), then seeing your doctor and ask him whether he feels it is work related and if so, tell your employer you need to file a claim or file a claim on your own with the Board.