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Non work-related injury employee rights

Bronx Personal Injury > Work Accidents  > Non work-related injury employee rights
Non work-related injury employee rights

In everyday life, injuries can occur at any time and place, even outside the workplace. While it is important to know our rights as employees when we suffer injuries at work, it is also essential to be informed about what protections cover us when we face injuries unrelated to employment.

In these cases, questions often arise such as, if I suffered a non-work-related accident, can I still receive compensation? Do I have the right to take legal action in the event of such an accident? In this article, we tell you how the law protects you in a non-work-related accident and how to proceed to protect your rights.

Do you need the legal assistance of a team of workplace accident lawyers near you? At Nonna Shikh Law, we have top-notch professionals who have the experience to provide you with the quality attention you deserve and resolve your case in record time.

Call now at 718-295-4000 or schedule a consultation so that we can evaluate your case and help you achieve justice, no matter the magnitude of your injuries.


Also check out: What to do if I am fired after being injured


When can a non-work-related accident occur?

Non-work-related accidents can occur in a variety of situations and places when you are outside your work environment. Some common examples include:

  • At home: You can suffer an injury while doing household chores, playing sports, cooking or engaging in personal activities.
  • During leisure time: If you are on vacation, in your free time or participating in recreational activities such as hiking, swimming or cycling, you could also face accidents.
  • On the road: Car accidents that occur while traveling to or from work, as well as anywhere else, are considered non-work-related.
  • Participating in social events: If you are injured during family gatherings, parties or other social events, the injury may not be work-related.
  • In public places: A fall or injury in a shopping mall, restaurant or other public place while you are not on work hours is also considered a non-work-related accident.

It is important to note that the distinction between a work-related injury and one that is not may depend on several factors, including the laws of the location and the specific nature of the injury. In any case, it is important to know your rights well to make the appropriate decisions after the fact.

What are my rights as an employee if I suffered a non-work-related accident?

If you are an employee in New York City and suffer a non-work-related accident, there are certain rights provided by the law that can help you cope with the case and ensure a satisfactory recovery. 

Here are some key aspects to keep in mind:

  • Medical Leave: If your injury prevents you from working, you may be entitled to take medical leave to recover. In New York, the Paid Family Leave and Disability program offers eligible workers the possibility of receiving a percentage of their salary while on medical leave.
  • Health Insurance: If you have health insurance through your employer, it is important to notify them of your injury so that they can provide you with the necessary information on how to access medical care and related services for your recovery.
  • Labor Protections: Although the accident is not work-related, it is essential that you know your labor rights in terms of job protection. In New York, the New York State Labor Law may offer you certain protections in terms of job retention during your recovery.
  • Discrimination: If you face discrimination or retaliation for having suffered a non-work-related accident, it is important to know that you have the right to file a complaint with the New York City Commission on Human Rights.
  • Social Benefits: Depending on the nature and duration of your injury, you may also be able to access other benefits, such as financial assistance through public aid programs.
  • Legal Consultation: It is always advisable to consult with a lawyer specialized in labor and workers’ compensation laws in New York for specific advice on your situation. They can help you understand how the laws apply in your case and ensure that your rights are respected.

While these rights apply to all workers in New York City, it is always important to surround yourself with a legal team that has sufficient knowledge to defend you in such a case, guaranteeing the benefits that may apply.

What to do when suffering this type of accident?

When as an employee in New York you suffer a non-work-related accident, it is essential to take immediate action. First, seek medical attention if necessary and notify your employer about the injury and your inability to work. Then, communicate your situation to your health insurance provider and familiarize yourself with the rights that support you in terms of medical leave and job protection.

In addition, it is important to make sure you consult with a labor lawyer to receive specific guidance on your situation and ensure that your rights are respected during your recovery.

Protect your rights with our Nonna Shikh Law lawyers

Facing a non-work-related accident can be challenging, but in New York, as an employee, you have rights and protections that are designed to support you during these moments.

At Nonna Shikh Law, we are committed to providing you with the assistance and guidance you need. Our team of lawyers specialized in labor laws in New York is here to help you understand your rights, navigate the legal process, and ensure that your interests are protected.

Call us now at 718-295-4000 or schedule a consultation and discover how we can bring you closer to justice for your injuries.


You may also be interested in: Fair Labor Standards Act in the US



Can I receive compensation if I suffered a non-work-related accident as an employee?

Unfortunately, in most cases, you cannot receive direct compensation for a non-work-related accident in New York as an employee. Workers’ compensation generally covers injuries and accidents that occur during the course of your employment.

However, it is important to explore other available resources, such as personal health insurance or state disability programs, to receive the necessary support during your recovery. With the help of our labor lawyers, you can find options that suit your needs.

How long can I take medical leave for a non-work-related injury and still maintain my job in New York?

In New York, the time for medical leave for a non-work-related injury may vary depending on several factors, such as your employment situation and the type of employer you have. However, the Paid Family Leave and Disability program provides up to 12 weeks of leave for medical care, although the exact duration may depend on the severity of the injury and other factors.

Can I face retaliation from my employer if I need to take medical leave for a non-work-related injury?

No, in New York, the law prohibits employers from taking retaliatory action against employees who need to take medical leave for a non-work-related injury. You are protected by the New York State Labor Law, which prohibits discrimination or dismissal due to the need for medical leave.

If you face retaliation from your employer after taking medical leave, you have the right to file a claim to enforce your rights. Call us at 718-295-4000 so our labor lawyers can help you. With over 25 years of legal experience, we know your rights and are ready to fight for them.