Hotel Work Injuries Lawyer in NYC

A hotel work injury can be severe enough to impact the rest of your life substantially. You may not be able to continue working a job that requires manual labor, or you may not be able to work at all, depending on your prognosis. These kinds of injuries don't just impact the worker. It has an impact on the family of the worker, too, especially if you are the breadwinner in the family. The inability to work for a few months is usually a bad situation for anyone. Still, it can hit harder because hotel workers don't typically earn enough to have any significant savings. Even worse, the inability to work at all in your future is an alarming prospect. 

We understand what you're going through, but we want to reassure you that we know how to navigate the complex workers' compensation system. You should be entitled to workers' compensation benefits from your on-the-job injury. The more severe your injuries are, the more money you should be getting to pay for medical expenses, plus lost wages. Our compassionate workers' compensation attorneys can help when you're denied benefits or if your claim has come to a standstill.  

We recognize how important it is for you to have money to pay your bills and get the medical care you deserve. When it comes to these matters, time is of the essence. Missed paychecks can be painful and stressful when the bills start to pile up. You may be worried about buying groceries, keeping the lights on, and paying the rent. Meanwhile, you're waiting and waiting to hear back about your claim. What's taking so long?

You may be shocked to find out that some employers and their workers' compensation insurers work together to undermine your ability to get benefits. When claims are made, premiums go up. Or, it may be that your employer didn't purchase workers' compensation insurance and is hoping you'll just give up and come back to work without receiving the benefits you're owed. 

When you're hit with stall tactics, it's time to lawyer up. Here are some common tactics used to get out of paying workers' compensation benefits to injured hotel workers:

Delaying claims - It may be that the insurance company slows progress on your claim so you will feel like it's hopeless and will simply return to work without getting benefits. Likewise, they may deny your claim and hope you won't file an appeal. Workers should always file an appeal. It is your right. 

Implied threats - Employers may create a toxic work culture where it's generally known that workers who file claims for workers' compensation will be fired or face retaliation. Both of these actions are illegal. Filing for workers' compensation after a workplace injury is a protected exercise. Firing or retaliating against employees who exercise their rights could lead to heavy penalties.

Suggesting a private settlement - Workers' compensation insurance is just like any other insurance. When you use it, your premiums may go up. Because of this, an employer may try to encourage an injured worker to take a private settlement for their injury. This almost always isn't a good idea for the worker because any such agreement would require the worker to sign a legal document waiving the right to any future compensation. Workers' compensation doesn't work like that. Instead, you have options for continued benefits if your injury should get worse in the future.

Requiring the worker to use a company doctor - Under New York's workers' compensation laws, you have the right to use a doctor of your choice as long as they are approved. When a company says you are required to use their doctor, this could put you at a disadvantage because the doctor is on their payroll. The doctor may be incentivized to minimize your injuries or give you a clearance to return to work before you are fully recovered. 

Nobody expects to get hurt on the job and, therefore, aren't very familiar with the workers' compensation process. It can be a shock to learn how complicated it can be to get benefits. A hotel work injuries lawyer can help in many ways. Both you and your employer have specific responsibilities when it comes to workers' compensation. A missed deadline can ruin your chances of getting benefits. Understanding the process is critical so you don't experience delays or denials. We can help ensure all involved parties take the proper steps to make your claim successful and that you get the entirety of the benefits you deserve. You should be entitled to the following:

• Compensation for all relevant medical treatment to date
• Coverage for any future medical treatment such as surgery or therapy
• Lost wages and future lost wages
• Disability benefits, if applicable

Unfortunately, workers' compensation doesn't pay for things like pain and suffering. However, if your employer intentionally caused you harm, there may be the possibility you could sue them.

If your claim is denied, we can work with you to get an appeal where we ask for an administrative review of the decision. At this stage, it's critical to introduce evidence as to why the decision should be reversed. If that appeal doesn't work, we can represent you in an appeal to the New York State Supreme Court. Typically, when you're represented by the expert workers' compensation lawyers at Morgan and Morgan, it doesn't get to that point. We usually win our client's successful settlements far before filing a lawsuit through negotiation. 

Housekeeping staff represents a large portion of workers in the hospitality industry. They often work alone, making it more difficult to document an injury with a witness. Many of their duties can be hazardous because it requires heavy lifting, and they are vulnerable to slipping while cleaning bathrooms. Here are the most common causes of housekeeping staff injuries:

Slip and falls - Anytime you have a worker cleaning bathrooms under tight schedules, the probability of a slip and fall increases. This kind of accident can result in many types of injuries, such as sprains, broken bones, and head injuries.

Strains and sprains - Mattresses have to be flipped, carts can be heavy with loaded cleaning supplies, emptied garbage, and soiled linens, plus using vacuum cleaners can lead to a painful strain or sprain. While these may sound like relatively minor injuries, due to the manual labor aspect of housekeeping, it may take some time before the worker is fully healed.

Repetitive motion injuries - Housekeeping staff make the same motions repeatedly during their work, such as spraying bottles of cleaner onto surfaces and then wiping and scrubbing. This kind of repetitive motion can lead to painful and debilitating carpal tunnel syndrome, which may require surgery. 

Chemical exposure - Long-term use of chemicals found in cleaning products can cause respiratory issues. Additionally, exposure to mixed cleaning chemicals can be toxic and impact lung function. The dangers of mixing cleaning products should be something employers address with housekeeping staff as part of safety training.

Many hotels have in-house restaurants or provide room service, which requires kitchen and restaurant staff. Since restaurants typically have high turnover rates, there is an increased chance staff may not be adequately trained on safety protocol before beginning duties. There are many dangers when working in a kitchen. Here are a few reasons kitchen and restaurant staff get injured on the job:

Slips and falls - The floors in a professional kitchen are often slick with water and oils from food prep and cooking, which can make it challenging to keep your balance, especially when the job is so fast-paced. Slipping or falling in a kitchen isn't just dangerous because workers could sprain something or break a bone. It could also cause the worker to come into contact with hot surfaces or sharp blades.

Dangerous equipment - Restaurants typically produce dishes at a volume that requires the use of specialized equipment like motorized slicers. Suppose the worker doesn't have cut-resistant gloves, or a safeguard is missing, and clothing gets entangled. In that case, this could easily lead to a serious cut or other injuries. Likewise, cuts from knives are commonplace for kitchen workers. 

Lifting heavy items - Restaurants buy food products in bulk which can be very heavy. Some products come in containers that weigh a significant amount. In a fast-paced kitchen environment, it's easy to pull back muscles if a dolly or hand truck isn't available. 

Burns - Any commercial kitchen will have plenty of heated surfaces, hot oils, liquids, and hot dishes. A large vat of boiling food tipping over could lead to severe burns. If burns aren't properly treated, they can lead to infection. It's not just cooks that are in danger. Waitstaff can get burned by picking up scorching plated food or getting splashed with hot coffee or tea. 

Although housekeeping and restaurant jobs are some of the riskier positions, that doesn't mean that other hotel workers don't get hurt on the job. Maintenance workers, groundskeepers, porters, security guards, front desk agents, and administrative workers can all have unfortunate accidents that may cause them to file a workers' compensation claim. 

When you need help getting your workers' compensation claim approved or getting benefits increased or extended, a hotel work injuries lawyer in NYC at Morgan and Morgan can provide the legal help you need. We handle more employment cases than any other firm and have the expertise to make sure you get the benefits you deserve. You pay no fee unless we win. Contact us today for a free case evaluation.