Workers’ Compensation – New York Personal Injury Lawyers

Understanding NY State Laws for Workers Compensation

91ԭ��Ƶ#38; Aspromonte — Thu, 26 Dec 2024 09:01:50 +0000

Workers’ compensation is a type of insurance that provides medical benefits and wage replacement to employees that have been injured at work. This is done in exchange for the relinquishment of the employee’s ability to sue his employer for negligence. If you work or live in New York State and suffer from a work-related disability, illness, or injury, you might be eligible for workers’ compensation benefits. Call a NYC workplace injury lawyer at (212) 540-2987 and know more about your benefits.

Disability, Injury, and Illness at Work
To receive workers’ comp benefits, you will need to prove that you have a disability, illness, or injury that is a direct result of your employment. New York State law states that the injury or accident must have occurred in “the course of the employment,” meaning that you need to have been on the job when the accident happened. For example, accidents that occur on the way to or from work typically won’t be covered by workers’ compensation laws.

To receive workers’ compensation benefits, you also need to show that you provided your employer with adequate notice of your injury, illness, or accident. This means that you need to provide your employer with a written report of what happened within 30 days of the event. If the Workers’ Compensation Board believes that your employer had full knowledge of the accident during that 30 time frame, this requirement is often excused.

For a free legal consultation, call (212) 540-2987

Filing for Workers’ Compensation in New York
In the State of New York, most employers are required to have workers’ compensation insurance. The employer will need to pay for this insurance, and employers are not allowed to make employees contribute to the costs associated with these policies. When claims are filed with the workers’ compensation insurance company, the company will be the one to decide on whether they accept a claim, contest a claim in its entirety, or contest a portion of the claim that has been filed by an injured employee.

The Workers’ Compensation Board is the New York State agency that is responsible for deciding claims filed with the Workers’ Compensation Law. The Board acts similar to a court, providing judges to decide on disputes between insurance companies and injured workers. This can be completed by holding a hearing or simply issuing a written decision based on documentation sent in by the injured party, medical providers, and the insurance company.

Workers’ Compensation Benefits
The amount of compensation that you will receive when injured and out of work will depend on two major factors:

Average weekly wage. This will depend on how much you were earning with your employer in the year prior to your accident. Some adjustments may apply depending on your age, the amount of time you worked for your employer, and the number of jobs you were working.
Degree of disability. You can be classified as either partial or total disability. If you are found to be totally disabled, meaning you cannot do any type of work whatsoever, you should receive the maximum rate. However, if you are only partially disabled, meaning you can still do some type of work, will likely receive a lower amount of compensation.
Click to contact our personal injury lawyers today

Receiving Medical Treatment
After your compensation case has been established by the Compensation Board or accepted by the insurance company, your related medical expenses will be covered. However, you can only receive treatment from medical providers who have been coded via the Workers’ Compensation Board, and reports and bills should be sent directly to the insurance company and the Board. Even if bills are pending to be addressed at a hearing, claimants should never be asked to pay for a medical bill with the provider.

Complete a Free Case Evaluation form now

What Workers Need to Know
Any time that you suffer a serious injury at work, it is recommended that you speak to an attorney. There are special laws in the state that offer extra protections to certain workers, such as employees of the construction industry. Attorneys that represented injured parties in workers’ compensation claims don’t charge fees until money has been recovered for the injured worker. You should also keep these tips in mind:

If you are unable to work because of your disability, you need to see your doctor regularly, as your disability can only be verified by medical records.
Keep track of your expenses, especially your mileage to and from medical providers, therapists, and other professionals. Hold on to your receipts for medical supplies, prescriptions, and other expenses.
If you return to work after an injury and are being compensated at a lesser amount, keep track of your earnings carefully.
Bring copies of your medical reports and proof of earnings with you to any hearing with the Compensation Board.
If you have been injured at work and don’t know where to turn, be sure to contact an attorney for guidance.

Additional Information

Do you need additional information about filing for workers’ compensation in New York? Check out these helpful resources:

Workers Compensation Employer Procedures
What to Do if You Are Injured at Work
NY State Workers Compensation Board
NY State Employer Requirements
A Brief History of Workers Comp

Our team of personal injury attorneys has experience helping clients with cases involving car accidents, construction accidents, severe injuries, wrongful death, and other complex situations.

Call or text (212) 540-2987 or complete a Free Case Evaluation form

The post Understanding NY State Laws for Workers Compensation appeared first on New York Personal Injury Lawyers.

Businesses get extra time to file workers’ comp claims after Sandy

91ԭ��Ƶ#38; Aspromonte — Wed, 11 Dec 2024 09:57:33 +0000

Super storm Sandy will not be easily forgotten in the areas affected-especially those counties that were declared disaster zones, such as Richmond County, the county encompassing Staten Island, as well as Orange, Rockland, and Westchester counties. In these areas, residents and businesses are still trying to recover and rebuild, as any NYC workplaces injury attorney knows.

Governor Andrew Cuomo recently stated that the New York State Insurance Fund is extending payment deadlines for four disaster-zone counties during the super storm. Any deadlines that fall between October 26 and December 26 are now extended to January 26, to allow businesses the time to recover from the storm.

That is good news for employers struggling to pay out workers’ comp benefits in the aftermath of the storm. A workers’ compensation claim is not a lawsuit against an employer per se; but rather more like an insurance claim with the end goal of obtaining benefits.

Generally, when making a workers’ compensation claim, employees agree not to bring a lawsuit against their employer, in exchange for entitlement to workers’ comp benefits. Benefits are automatic and do not depend on a finding of fault for the injuries.

For a free legal consultation, call (212) 732-2929

Typically, workers’ compensation covers injuries caused by mental and physical strain brought on by work duties or stress; injuries caused during work breaks, including the lunch hour, and injuries caused by the use of the employer’s facilities. Workers’ comp may also compensate for preexisting conditions, such as back pain, that the workplace aggravates or increases.

However, not all injuries are covered. Injuries sustained while traveling to and from work may not be covered unless the employer provides the employee with a means of transportation, such as a bus or by compensating for the cost of the employee’s commute.

Source: Newsday, “Hudson Valley businesses hurt by Sandy get more time for workers’ comp,” John Dyer, Nov. 28, 2012

We are committed to advocating for those affected by construction accidents, car accidents, severe injuries, wrongful death, and other personal injury cases.

Call or text (212) 732-2929 or complete a Free Case Evaluation form

The post Businesses get extra time to file workers’ comp claims after Sandy appeared first on New York Personal Injury Lawyers.

When Worker’s Compensation is Not Enough

91ԭ��Ƶ#38; Aspromonte — Wed, 11 Dec 2024 09:47:30 +0000

Worker’s Compensation exists to provide individuals who have been injured on the job with medical coverage and some amount of lost earnings while they are recovering from their injuries and cannot work. Unfortunately, quite often the amount granted through the employer’s insurance carrier is just not enough.

This happens frequently in New York, where dangerous jobs cause accidents and injuries every day. Such was the case with the recent wall collapse that occurred in upstate New York, in which two workers were seriously injured and one was killed.

While the injured workers may receive Worker’s Compensation, it may not be enough to enable them to continue to provide for themselves and their families during recovery. That’s why it’s especially important that you seek the advice and counsel of a serious injury lawyer in NYC. As construction accidents are fairly common, you can find construction accident attorneys that are well experienced with these types of claims.

At this juncture, it is important to explain the difference between Worker’s Compensation and a Third Party lawsuit for personal injuries.

For a free legal consultation, call (212) 732-2929

Worker’s Compensation in a nutshell means that if you have an on the job accident and you are injured, your employer, most often through an insurance company, is required to pay your reasonable and necessary medical expenses and a portion of your weekly earnings until you go back to work or a court finds that you are no longer disabled. Sometimes you will receive a modest cash award as well.

The trade-off is even when your employer or another co-employee is negligent in causing your accident, you cannot sue either one of them because such a lawsuit is barred by the Worker’s Compensation Law.

And this is where an experienced personal injury attorney comes in.

The bar to suing only extends to the employer and other employees of the injured person’s company. There is no bar to lawsuits against other workers on a job who work for another contractor or other people who for whatever reason or under different scenarios, cause or contribute to the accident which ultimately causes the worker to be injured.

Under those circumstances, a lawsuit can be commenced against those parties, regardless and often simultaneously with a Worker’s Compensation Claim.

Click to contact our personal injury lawyers today

The third-party suit usually involves much more money because it addresses the extent of disability and enjoyment of life the injured worker will have to endure and how the disability impacts the worker and his family. These are called non-economic damages referred in court as ‘Pain and Suffering”. Juries are the ones to make that award if the case goes to trial.

Complete a Free Case Evaluation form now

An experienced personal injury attorney will carefully examine the facts of your case and the details of the accident that caused your injuries. The lawyer will see what other options might be available to you in order to provide you with a much larger settlement. Retaining the services of personal injury lawyers in NYC and settling your case in court is the best option, if available, especially if your injuries are severe and result in a disability or require extended treatment.

Call or text (212) 732-2929 or complete a Free Case Evaluation form

The post When Worker’s Compensation is Not Enough appeared first on New York Personal Injury Lawyers.

Top NYC Workers’ Compensation Attorneys – Helping You Navigate Work Injury Claims

91ԭ��Ƶ#38; Aspromonte — Wed, 11 Dec 2024 06:32:40 +0000

Any kind of serious injury can create complications and confusion. When that injury occurs at work, the issues you face may be even more complex. In addition to the physical pain and limitations you’re facing and concern about the expense, you may also be uncertain about who is responsible for your medical bills and other damages, and how to pursue compensation.

When you find yourself in that situation, an experienced work injury lawyer can be your most valuable resource.

New York Workers’ Compensation Claims

You may have heard that New York workers’ compensation is an “exclusive remedy.” Many people believe that means that when you are injured at work, workers’ compensation is the only remedy available to you. While it’s true that the New York workers’ compensation statute prohibits covered workers from suing their employers for on-the-job injuries in most cases, that doesn’t necessarily mean that workers’ compensation is the only recourse available. In fact, for some workers, workers’ compensation isn’t even an option.

For a free legal consultation, call (212) 732-2929

Third-Party Work Injury Lawsuits

Though you may not be able to sue your employer for negligence after an on-the-job injury, you may have the right to pursue other responsible parties. One common example involves an injury that takes place on a construction site. If the injured worker is employed by a sub-contractor, he or she will almost certainly be prevented from suing that sub-contractor.

However, it’s very possible that another entity’s negligence contributed to the injury. Some examples may include the general contractor, another sub-contractor, and the property owner. In that situation, the injured worker may have a claim against the third party, despite having been injured at work.

New York Workers Not Covered by Workers’ Compensation

While most NYC employees are covered by the city’s self-insured workers’ compensation system, uniformed police officers, firefighters, and uniformed sanitation workers are not eligible for workers’ compensation benefits. However, these public servants have a range of other options available after a work injury.

Often, the fact that these city workers aren’t constrained by the workers’ compensation system means that they have more options for pursuing compensation after a work injury.

The work injury attorneys at 91ԭ��Ƶamp; Aspromonte Associates LLP are experienced in pursuing and securing compensation for police officers, firefighters, and New York City sanitation workers who have been injured on the job. Some examples include:

Securing a $7.55 million settlement on behalf of the family of a sanitation worker who died/ after he was thrown from a sanitation truck that struck a lamp post. Improper medical treatment transformed what should have been a treatable and possible leg off injury into a fatality. The city of New York, the hospital, and the physicians all contributed to the settlement.
Obtaining a $31 million jury verdict on behalf of a police officer who suffered a brain injury in a motor vehicle accident while on the job. The defendants were the New York City Transit Authority and the driver who was operating a transit authority vehicle that failed to yield to the patrol car as it passed through an intersection with lights and sirens on.

Click to contact our personal injury lawyers today

Experienced Work Injury Attorneys Can Ease the Burden

When you’ve suffered a serious work injury, you may have no idea what to do next, or who may be legally responsible for your injuries. Talking to an experienced work injury lawyer can be your best first step. We can help you determine whether workers’ compensation, a personal injury lawsuit, a product liability claim, a specialized claim such as line of duty litigation, or some combinations of available remedies gives you the best chance at a full and fair recovery for your injuries.

There’s no reason to delay. You can schedule a free consultation with an experienced New York work injury lawyer today.

With experience across a range of personal injury cases—including car accidents, construction accidents, and serious injuries—our attorneys are prepared to fight for your rights.

Call or text (212) 732-2929 or complete a Free Case Evaluation form

The post Top NYC Workers’ Compensation Attorneys – Helping You Navigate Work Injury Claims appeared first on New York Personal Injury Lawyers.

State says improvements coming to workers’ comp system

91ԭ��Ƶ#38; Aspromonte — Tue, 10 Dec 2024 17:39:26 +0000

As we all know, one of the most dangerous professions for New Yorkers to undertake is construction. Heavy machinery, dangerous equipment and working at considerable heights can make construction accidents relatively common — and lead to severe implications for those who are injured.

Injured construction workers often have to rely on getting payments via workers’ compensation after they are hurt. However, the workers’ comp system in our state is less than ideal. Our workers often have to wait exceptional periods of time in order to receive their benefits, even though employers in New York pay one of the highest rates in the country for workers’ comp.

For a free legal consultation, call (212) 540-2987

Improvements are on the horizon, however. According to the executive director of the state workers’ comp board, the state is transitioning to an electronic reporting system. This is important because, ever since workers’ comp was introduced in the state almost 100 years ago, the process has all been on paper. This meant delays due to improper forms being used or paperwork being lost. An electronic system will, in theory, allow the state to better track workplace injuries and allow workers who have been hurt on the job to be compensated more quickly.

Of course, it may take a while to iron out all the wrinkles in the new system. Merely having a better way to document cases doesn’t necessarily mean that they will be resolved in a favorable way for employees. Attorneys with experience in workers’ compensation cases can still be a good resource for employees who are hurt on the job.

��ǳܰ��:��The Buffalo News, “State is committed to improving outdated workers’ compensation system,” Jeffrey Fenster, Jan. 12, 2014

Call or text (212) 540-2987 or complete a Free Case Evaluation form

The post State says improvements coming to workers’ comp system appeared first on New York Personal Injury Lawyers.

Worker’s Injury Settlement Helps Him To Reunite His Family

91ԭ��Ƶ#38; Aspromonte — Tue, 10 Dec 2024 17:22:08 +0000

When construction workers get injured on the job, it can have a ripple effect on many people. The worker himself or herself, of course, is the most directly affected. Injuries can linger for months, years or even a lifetime, making everyday activities difficult — and a return to work all but impossible. But the family of an injured worker is affected as well; without that reliable source of income, an entire family can feel like they are living on the edge.

After hiring a construction accident lawyer and after a large settlement from New York City, one construction worker doesn’t have to worry about those concerns anymore. The man suffered his construction accident when he fell while working a job at a school in Brooklyn. He was attempting to dismantle some scaffolding when it gave way. The man says he fell about 20 feet and landed head-first on some concrete that had been broken up.

For a free legal consultation, call (212) 540-2986

The case took a while to make its way through the court system; in fact, the man originally filed the lawsuit back in 2010. During that time, the man — now 43 years old — had to send one of his children to live with his in-laws because he couldn’t afford to sufficiently provide for his family.

The worker’s injuries continue to be debilitating. He says he feels as though he is 83, not 43, because of his condition. His young children even have to put on his shoes for him. Now, however, his financial concerns have been abated: he was awarded a settlement of $6.3 million for his on-the-job injury.

��ǳܰ��:��New York Post, “Hardhat gets $6.3M from city after 20-foot scaffolding fall,” Josh Saul, April 3, 2014

We have helped clients obtain justice and compensation in a variety of personal injury cases, such as car accidents, construction accidents, wrongful death, and severe injuries.

Call or text (212) 540-2986 or complete a Free Case Evaluation form

The post Worker’s Injury Settlement Helps Him To Reunite His Family appeared first on New York Personal Injury Lawyers.

Pain Awareness Month a good time to discuss workers’ compensation

91ԭ��Ƶ#38; Aspromonte — Tue, 10 Dec 2024 12:38:37 +0000

When New Yorkers think of September, they probably think of cooling temperatures, students returning to school and the end of summer, but September is also Pain Awareness Month. With that in mind, let’s consider a problem that many New Yorkers who were injured on the job have to confront on a daily basis: chronic pain.

It is estimated that more than 100 million people in the U.S. suffer from chronic pain, and chronic pain is reportedly the leading cause of lost work time and long-term disability. A report from 2011 estimates that chronic pain costs the country about $635 billion, in terms of medical expenses and lost productivity.

For a free legal consultation, call (212) 732-2929

But unfortunately injured workers often have to fight through spools of administrative red tape to get the workers’ compensation they need and deserve. In other cases, a third-party is responsible for a work-related injury, and the injured worker has to pursue compensation by hiring a NYC workplace injury lawyer.

In other words, the actual pain of chronic pain isn’t the only obstacle injured employees have to overcome. In addition to filing a workers’ compensation claim, stress and anxiety can exacerbate a person’s injury or illness.

To ease the burden on themselves and their families, people who have been injured on the job often find it helpful to have a legal advocate on their side. When it seems that insurance companies and workers’ comp administrators are more concerned with cutting costs than helping patients get better, it can be comforting to know that a legal professional is working in your favor.

��ǳܰ��:��Huffington Post, “Injured and Hurting: Time to Fix How We Treat Pain on the Job,” Peter Abaci, Sept. 4, 2013

We’re committed to helping personal injury victims in cases ranging from car and construction accidents to severe injuries, wrongful death, and a variety of other claims.

Call or text (212) 732-2929 or complete a Free Case Evaluation form

The post Pain Awareness Month a good time to discuss workers’ compensation appeared first on New York Personal Injury Lawyers.

NYC is full of dangerous workplaces, but conditions are often overlooked by management

91ԭ��Ƶ#38; Aspromonte — Tue, 10 Dec 2024 08:43:00 +0000

Some professions require you to work in a building or environment where there are certain risks. These include medical facilities, construction sites, hazmat areas, and many other jobs around New York City. Often, accidents that occur in the workplace can be covered by Workers’ Compensation, but there may also be many instances where Worker’s Compensation is denied, especially when an accident occurred simply due to someone else’s negligence.

NYC work injury lawyers have seen many cases where accidents occurred in workplaces that were not properly maintained and should have been deemed too dangerous to work in, or where health conditions in the area were very poor and a major risk, resulting in illness and injury. If you feel that your workplace is too dangerous to work in, or you have already suffered injury in a dangerous workplace, then you can turn to a professional and experienced NYC Dangerous Workplace Accident Lawyer for a free consultation.

For a free legal consultation, call (212) 732-2929

Handling everything from exposure to toxic fumes and substances, to buildings contaminated with diseases and substances that could cause illness, to workplaces that just don’t follow proper safety guidelines and protocols, NY Workers Compensation Attorneys have seen it all, and are able to help you receive the compensation you deserve for any injuries you may have suffered. Contact an attorney today, and you will learn whether you have a case, and what your rights are as to compensation for your injuries, as well as pain and suffering, lost wages, and any other damages that were a result of your accident.

Our personal injury team has extensive experience handling claims for car accidents, construction accidents, wrongful death, serious injuries, and more.

Call or text (212) 732-2929 or complete a Free Case Evaluation form

The post NYC is full of dangerous workplaces, but conditions are often overlooked by management appeared first on New York Personal Injury Lawyers.