Regardless of whether you work on a shipyard, in a corporate office, or at a daycare center, if you are injured on the job, you likely have the right to seek compensation under the New York workers’ compensation system. In less common cases, you may be entitled to bring a personal injury lawsuit against your employer or another at-fault party. The rules, procedures, and deadlines can be complicated, but a New York workers compensation attorney at Friedman, Levy, Goldfarb & Green can help you through the process.
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Workers compensation laws
The New York workers’ compensation allows those who suffer work-related injuries or illnesses to recover certain benefits in a relatively quick and simple way. The procedure requires less time and money than a lawsuit, which is a win for both the employer and the employee. On the flip side, employers must pay even if they are not at fault and employees can only recover limited benefits while usually losing the right to sue an at-fault employer.
Under state law, employers are required to have workers compensation insurance, whether it is obtained through the state, a private insurer, or via self-insurance. Any type of workplace injury can be covered, regardless of what caused the injury. Covered injuries range from broken bones to carpal tunnel syndrome to mental health issues.
It is a good idea to discuss your injury with a worker’s compensation attorney and to be prepared to file a report with your employer in case you have a compensable claim.
Benefits available under NY workers compensation insurance
When your injury or illness is covered by workers’ compensation, the following benefits are available, if appropriate in your case:
- All reasonable and necessary medical care provided by an authorized healthcare professional
- Mileage reimbursement for travel to and from necessary and related medical appointments.
- Temporary disability benefits to replace a portion of your lost income if you are unable to work for more than seven days. Temporary disability can replace up to 2/3 your average weekly wage up to a maximum amount, though the payment is reduced if your disability is partial rather than total.
- Permanent total disability benefits of 2/3 your average weekly pay if you have reached “maximum medical improvement” and still cannot work.
- Permanent partial disability benefits for permanent injuries such as disfigurement or lost use of a body part; the amount of compensation may be based on a schedule according to the type of injury or based on a difference in earning capacity.
- Vocational rehabilitation services if you cannot return to your job and need to seek new employment.
- If the injury or illness was fatal, death benefits to a surviving spouse or dependents, including funeral expenses.
The benefits depend on the facts of the situation so it is a good idea to speak with a New York City attorney at Friedman, Levy, Goldfarb & Green to determine what benefits may be available to you.
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Injuries not covered by NY workers compensation laws
While most workplace injuries are eligible for workers’ compensation, some are not. Problems may arise in situations such as when:
- You are an independent contractor rather than an employee
- The injury fell outside the scope of your employment (for example, it occurred on your morning commute or while taking a lunch break)
- The injury was a pre-existing condition
- Your injury was caused by your own impairment due to drugs or alcohol or for your own intentional or reckless actions
In some cases, like when a third party is at fault, the injured employee can bring both a workers’ compensation claim against the employer and a personal injury lawsuit against the at-fault third party.
You may also sue your employer directly if the employer intentionally caused you harm or if your employer does not carry proper worker’s compensation insurance. The laws can limit how much you may recover from workers’ compensation in these situations, so be sure to discuss your options with an attorney.
New York workers compensation attorney
A work-related injury can set you on a seemingly unstoppable cycle. The injury can cause mounting medical bills as well as impair your ability to work, preventing you from climbing out of debt. Ideally, a worker’s compensation claim would prevent this, but it can take a fight – against insurance companies that do not offer full value or employers who do resist a claim – to obtain full compensation.
A New York City work accident lawyer makes the process less complicated from the very beginning, by guiding you through the required paperwork and deadlines and helping you to gather the evidence to support your case. Your attorney can take the pressure off of you while in improving your outcome by negotiating with the insurance company. The settlement will need to be memorialized in an agreement, and your attorney will ensure the agreement does not jeopardize your rights.
When you and the insurance company cannot reach a settlement, your attorney will make sure you are prepared for court, then present your strongest case at the hearing.
When a workplace accident has caused setbacks, do not wait to speak with a skilled attorney. The workers’ compensation lawyers at Friedman, Levy, Goldfarb & Green are here to help. We are dedicated to fighting for the rights of injured parties throughout NYC, including Manhattan, the Bronx, Brooklyn, and Long Island. Call today to schedule a free consultation to determine whether you have the right to file a worker’s compensation claim.