New York City Workers' Compensation Lawyers
Workers in the United States have certain rights regarding safety in their workplace and the compensation they can receive if they are injured while doing their jobs.
If you’ve sustained a workplace injury on-site or in any capacity or location that is work-related, you are entitled to workers’ comp benefits. The New York City work injury attorneys at Kaplan Lawyers PC understand that the process of gathering information and filing for benefits is a long and sometimes arduous one. We’re here to help. Our team of experienced New York workers’ comp attorneys makes sure you receive the maximum amount of benefits and the best medical care to assist in your speedy recovery and pay your bills until you return to work.
You Are Entitled to Compensation for Workplace Injuries
Contrary to a popular misconception, workers’ comp claims are “no fault,” meaning that by filing a claim you are not accusing your employer of doing anything wrong. It’s just the formula for getting you treated, paying the bills and returning to your job. But in some cases, such injuries can be caused by the negligence of an employer, a co-worker, by workplace hazards, or a third party.
An injury can occur in any sector, to any type of worker, from office workers to truck drivers. Common injuries include falls, neck and back injuries, repetitive stress injuries, exposure to toxins, knee injuries, shoulder injuries and eye injuries, to name just a few. Some jobs have higher on-the-job injury and fatality rates than others. Here are some examples of workers who are more likely to suffer workplace injuries in New York:
- Construction Workers
- Commercial Drivers
- Manufacturing Workers (or those who work with heavy equipment)
- Immigrant Workers.
New York City Work Injuries
After a Workplace Injury: The Workers’ Compensation Process Begins
To be covered by New York workers’ comp laws, your injury accident must fall into the following categories:
- Your employer must have workers’ compensation coverage under New York law.
- Your injury, illness, or disability is directly connected to your job and occurred while you were performing the duties associated with that job.
- You gave your employer a written notice of the event that caused your injury or illness immediately after the injury and no later than 30 days after it happened.
- A medical report by the treating physician states that your injury, disability, or illness was caused by an on-the-job accident or condition.
Whether you are hoping to manage your claim yourself or decide to hire an attorney, what you do immediately after your injury greatly influences the resolution of your workers’ comp claim. The most important step to take that you can completely control is to immediately obtain medical treatment. If your injury is an emergency, you go where the ambulance takes you. But if it’s not, your employer could send you to a specific hospital, clinic or doctor. Go where your employer tells you or workers’ comp may not cover your bills and other losses.
Also note that when filling out the paperwork at the hospital or doctor’s office, you should check the box that asks if your injury happened at work. That way, your medical bills are sent either to the workers’ comp insurance company or your employer, and not you. And if you go to your own doctor, make certain they are approved to submit workers’ compensation claims and agree to New York State’s workers’ comp pay schedule.
Then, if you haven’t already, notify your immediate supervisor about the accident – in writing. If you receive an incident report form, fill it out. If you don’t receive paperwork or a call from an insurance adjuster within a couple of days after formal notification, something may be wrong. Follow up with your boss; if there’s still nothing happening, you might want to call a workers’ comp lawyer.
These steps provide critical evidence that will be invaluable in obtaining approval of your claim, or when/if the case goes to court. A C-3 form (Employee’s Claim for Compensation Benefits) should also be filled out.
The New York City work injury lawyers at Kaplan Lawyers PC can help you obtain, complete, and file all forms. New York State law dictates that you are entitled to all necessary care and, in the case of a workplace injury, an employer is responsible for all related medical bills. This goes for all workers, even volunteer workers and illegal aliens – even if it is your first day at work.
In some cases, if a third party is also found to have contributed to the accident that injured you, it too is liable for an additional “third party lawsuit” over and above your workers’ comp claim. This can help you receive the fullest possible compensation, because New York workers’ comp does not reimburse for pain and suffering; it pays only a portion of your lost wages and cannot award punitive damages.
Kaplan Lawyers PC is Here to Help
If you believe you deserve workers’ compensation benefits, contact Kaplan Lawyers PC especially if you think:
- You’re being shortchanged over a permanent disability
- Have a complex claim
- Were unfairly denied coverage of your medical bills and other associated expenses
- Are employed by a company which does not have workers’ comp insurance
- Are employed by a self-insured company which is dragging its feet in paying your claim
- Believe you have a case against a third party defendant.
Contact Kaplan Lawyers PC in NYC by calling (516) 399-2364 or by filling out our online contact form to arrange a free consultation. You pay nothing unless/until we win your case. We understand the risks caused by delay, including being denied the benefits that you deserve. Our workers’ compensation attorneys are here to help you and your family in your time of need.
Infographic: New York City Workplace Injuries
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