Worker’s Compensation Attorneys in New York
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If you’ve been injured on the job, workers’ compensation can provide the financial and medical support you need to recover and get back to work. But navigating the workers’ compensation system in New York can be confusing. In this post, we’ll break down what workers’ compensation is, how it works in New York, and how it can help you if you’ve been injured at work.
Our legal services cover all labor law accidents throughout New York. This includes Kings County, Queens County, New York County, Suffolk County, Nassau County, Bronx County, Westchester County, Richmond County, and all other counties across the state.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance that provides benefits to employees who are injured or become ill as a result of their job. The goal of workers’ compensation is to ensure that injured workers receive medical treatment, wage replacement, and other benefits without having to sue their employer. It is designed to be a no-fault system, meaning that you don’t have to prove that your employer was negligent or at fault for your injury in order to receive benefits.
In New York, most employers are required by law to carry workers’ compensation insurance to cover their employees in case of work-related injuries. This coverage is available to all workers, regardless of whether they are full-time or part-time employees, and even undocumented workers are entitled to benefits under New York’s workers’ compensation laws.
How Workers’ Compensation Works in New York
- Report Your Injury
The first step after any workplace injury is to report it to your employer immediately. New York law requires that you notify your employer about the injury as soon as possible, but no later than 30 days from the date of the accident. Failing to report the injury within this time frame can result in your claim being denied. - Seek Medical Treatment
After reporting your injury, you will need to seek medical treatment. Your employer may direct you to a company-approved doctor, or you may be allowed to choose your own healthcare provider, depending on the circumstances. It’s important to keep all medical records related to your injury and follow your doctor’s orders for treatment and recovery. - File a Workers’ Compensation Claim
After receiving medical attention, the next step is to file a workers’ compensation claim with the New York State Workers’ Compensation Board (WCB). This claim will be used to determine whether you are eligible for benefits and how much compensation you will receive. Your employer should provide you with the necessary forms to complete your claim. If you need assistance, an experienced workers’ compensation attorney can help guide you through the process. - Receiving Benefits
If your claim is approved, you will begin receiving benefits for your injuries. - Dispute Resolution
In some cases, your employer or their insurance company may dispute the workers’ compensation claim. This can happen if they argue that the injury wasn’t work-related, or they may disagree on the severity of the injury. If your claim is denied or disputed, you have the right to appeal the decision to the New York Workers’ Compensation Board, which will review your case and make a final determination.
What Benefits Are Covered Under Workers’ Compensation
- Medical benefits: Coverage for doctor visits, hospital stays, surgeries, medications, physical therapy, and other treatments necessary to heal your injury.
- Wage replacement benefits: If your injury prevents you from working, you may be entitled to wage replacement benefits. In New York, workers’ compensation typically covers two-thirds of your average weekly wage (up to a set maximum).
- Permanent disability benefits: If your injury results in permanent impairment or disability, you may be eligible for ongoing benefits based on the severity of your condition.
- Death benefits: If a worker is fatally injured on the job, their surviving spouse, children, or dependents may be entitled to death benefits under workers’ compensation.
Who is Eligible for Workers’ Compensation in New York?
Most employees in New York are covered by workers’ compensation, but there are a few exceptions.
Workers’ compensation benefits typically apply to:
- Full-time and part-time employees: If you work for an employer in New York, you are generally entitled to workers’ compensation benefits.
- Undocumented workers: Even if you are an undocumented immigrant, you are entitled to workers’ compensation benefits for a workplace injury. Your immigration status does not affect your eligibility.
- Contract workers: In some cases, independent contractors may not be covered by workers’ compensation. However, workers who are misclassified as independent contractors but function more like employees may still be entitled to benefits.
Benefits of Workers’ Compensation
- Immediate Access to Medical Care: Once your workers’ compensation claim is approved, you have access to necessary medical treatments for your injury or illness, without having to pay out-of-pocket.
- Financial Support During Recovery: If you are unable to work due to your injury, workers’ compensation provides wage replacement to help you cover your living expenses during your recovery period.
- No Need to Prove Fault: Workers’ compensation is a no-fault system, meaning you don’t have to prove that your employer was at fault or negligent. You are entitled to benefits as long as your injury is work-related.
- Protects Employers and Employees: By providing benefits to workers, workers’ compensation laws also protect employers from being sued by injured employees. Instead of going through lengthy and costly lawsuits, injured workers can receive benefits through this system.
- Legal Protection Against Retaliation: It is illegal for employers to retaliate against employees for filing a workers’ compensation claim. If your employer tries to punish you for seeking benefits, you may have legal grounds for a separate retaliation claim.
Workers’ Compensation for Special Situations
Some work-related injuries may involve unique circumstances that require specific attention, such as:
- Repetitive Stress Injuries: Injuries like carpal tunnel syndrome or tendonitis caused by repetitive movements at work are also covered under workers’ compensation.
- Occupational Diseases: If you develop a work-related illness, such as asbestos-related diseases (like mesothelioma) or respiratory conditions due to exposure to harmful chemicals, you may be eligible for workers’ compensation benefits.
- Construction Accidents: In industries like construction, where work-related accidents are common, workers may be entitled to additional protections under New York Labor Laws, such as Labor Law Sections 240 and 241(6), which cover scaffolding and height-related accidents.
How a Workers’ Compensation Lawyer Can Help You with Your Work Injury Claim
Workers’ compensation is a critical safety net for employees who suffer injuries or illnesses on the job in New York. Whether you’re working in construction, healthcare, manufacturing, or another field, the workers’ compensation system ensures that you have access to the medical care and financial support you need to recover and get back to work.
Contact an Experienced Personal Injury Lawyer
If you’ve been injured on the job, don’t hesitate to take action and file a claim. An experienced workers’ compensation attorney can help you navigate the process, protect your rights, and maximize your benefits. The New York Injury Law Firm PLLC works with worker’s compensation firms in New York who can help you nagivate your claim.
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