Our Hempstead, NY Workers’ Compensation Lawyer Can Help You Navigate the New York Workers’ Compensation System
If you are injured on the job and cannot work, a Hempstead, NY, workers’ compensation can help you get benefits under the New York workers’ compensation system.
Workers’ compensation is insurance that provides monetary benefits and/or medical care for workers who are injured or become ill as a direct result of their job. According to New York law, employers operating in the state are required to carry workers‘ compensation coverage for their employees, including part-time employees, with limited exceptions. Benefits, meant to cover medical expenses and part of lost wages for workers injured on the job and for dependents of workers who die as a result of job-related injuries, relieve the burdens at a time when medical bills may be mounting and money cannot be earned.
Workers’ comp insurance is paid for by employers and directed by the NY Workers’ Compensation Board, a state agency that processes the claims. Benefits are paid regardless of who was at fault for causing the injury. Too often, however, injured workers run into road-blocks trying to navigate the workers’ comp system and get the benefits they deserve.
WHY YOU SHOULD WORK WITH A HEMPSTEAD WORKERS’ COMP LAWYER
Filing claims for workers’ compensation benefits is a complicated process and has to be done correctly or your claim can be denied. In addition, employers whose insurance premiums increase based on claims paid will fight against any workers’ comp claim. Insurance companies who are out for profit will often try to avoid paying out claims. They may use tactics such as denying claims on a technicality or claiming the death was not even work-related. To deal with these hurdles, you should have a Hempstead workers’ compensation lawyer on your side to fight for your rights to fair compensation or to bring a workers’ comp lawsuit or personal injury lawsuit if circumstances warrant it.
Our Hempstead workers’ comp lawyers have the resources to investigate your case. At Kaplan Lawyers, we know how to combat denials and get you optimum benefits. We offer a free, confidential consultation to discuss the circumstances of your individual situation and show you what we can do to help. Call us today at (516) 399-2364 to get started.
How Our Hempstead Workers’ Comp Lawyers Can Help You Get Benefits
Our workers’ comp lawyers in Hempstead know that after a work injury leaves you incapacitated you need to focus on getting well. Dealing with laws, bureaucracy, and the stress of completing and filing forms can be overwhelming and confusing for an injured worker. Unfortunately, making mistakes can be costly and even cause your claim to be denied. Claims are paid only if everything is filed correctly and the employer or insurance carrier agrees that the injury or illness is work-related. If the employer or insurance carrier disputes the claim, no cash benefits are paid until the workers’ compensation law judge decides who is right.
When you hire Kaplan Lawyers, we will make sure everything is done correctly from the start to result in a successful claim. If a claim has already been denied, we know how to make appeals and to fight denials.
We can help you at all stages in the workers’ comp claim filing process. We can…
- Make sure all forms and procedures are filled out correctly and on time
- Investigate your case to determine what happened and gather evidence to help prove your claim, such as videos from surveillance cameras
- Interview eyewitnesses and first responders
- Obtain all relevant work and medical records and accident reports and previous claims against your employer
- Negotiate with insurance companies for a fair settlement
- Represent you at any hearings with the NY Workers’ Compensation Board
- Build and prepare your case and argue on your behalf if a claim goes to trial
- Appeal any denials
- File a personal injury lawsuit in cases where it is warranted.
When you contact our firm, we will examine your individual situation, explain how the law applies to you, handle the application process, fight any denials, and fight for the compensation you deserve. Call us today at (516) 399-2364.
Benefit Amounts our Worker’s Compensation Attorneys in Hempstead, NY, Can Help You Get
Our workers’ compensation attorneys in Hempstead, NY, will help you get pay for lost wages in situations where your injury is work-related. In addition to your lost wages, you may also be entitled to additional coverage for expenses such as medical bills and for help getting back to work.
HOW TO BE COVERED BY NY WORKERS’ COMP LAWS
To be covered under New York workers’ compensation laws the following must be true:
- Your employer provides New York workers’ compensation.
- You are a covered worker under the law.
- Your accident, injury, or illness is directly connected to the job and happened while you were doing work-related duties.
- You gave your employer a written notice of what happened within 30 days from the date the injury, illness, or accident occurred.
- You provided a medical report from your treating physician stating that your disability was caused by an on-the-job accident or condition.
If you meet the above criteria, workers’ comp does cover lost wages, but not all of them. Amounts are limited by certain factors and percentage formulas set out by law and by the type of injury or disability.
While you are entitled to medical coverage from the first day you are injured, you may not receive cash benefits for the first seven days of the disability, unless it continues for more than fourteen days.
Disability Classifications Affect Your Amount of Workers’ Comp Benefits
The actual amount workers’ comp will give you to replace lost income depends upon how your disability is classified. New York has the following disability classifications for payment:
- Temporary total disability — You are completely unable to work, but only for a temporary period.
- Permanent total disability — You have a total and permanent loss of wage-earning ability.
- Temporary partial disability —Your ability to earn wages is partially lost, but temporarily.
- Permanent partial disability —You are partially disabled on a permanent basis, so part of your wage-earning capacity is lost. Depending on the injury and what part of the body is affected, you may receive one of two kinds of permanent partial disability benefits:
- Schedule loss of use — involves upper and lower extremities, eyesight and hearing. You will receive two-thirds of your average weekly wage (up to the legal maximum) for the number of weeks listed in the schedule, multiplied by the percentage of your lost use.
- Non-schedule loss — includes other body parts, such as the brain, lungs and heart. The number of weeks you can receive these benefits depends on the percentage of your lost earning capacity, according to a formula.
Ask our Hempstead workers’ comp lawyer about how the NY disability classifications will apply to you and how that can impact the amount of settlement you receive.
HOW TO CALCULATE WORKERS’ COMP BENEFITS IF YOU WERE INJURED IN HEMPSTEAD
In all cases, if you are unable to work for more than seven days, workers’ comp will pay for lost wages based on your average weekly wage for the previous year. The following formula is used to calculate benefits:
2/3 x average weekly wage x % of disability = weekly benefit
If you are classified as totally (100%) disabled, you will receive the full two-thirds of your weekly wage. If you are classified as 50 % partially disabled, you would receive half that amount. There are also maximum benefit amounts that are adjusted every July 1 based on the New York State Average Weekly Wage for the previous calendar year.
If a medical condition reaches a point where it wouldn’t improve even with further treatment and you are 100% disabled, you can receive two-thirds of your average weekly wage as long as you are disabled. If you can return to work but are unable to earn the same wages you once did, you may be entitled to a benefit to make up two-thirds of the difference.
Workers’ Compensation Provides Other Benefits to Injured Hempstead Workers
In addition to weekly benefits to cover lost wages, workers’ comp may provide other benefits. These include:
- Medical benefits for injury-related expenses, including doctor and rehabilitation bills and prescription costs, and costs of transportation to and from medical appointments.
- Supplemental benefits are possible for permanently and totally disabled claimants (or their widows or widowers) who were injured before January 1, 1979. If you are left with a permanent, serious disfigurement to your face, head, or neck that might limit your earning capacity, you may be able to receive an additional award of up to $20,000.
- Vocational rehabilitation. If you cannot return to your former job, you may be eligible for vocational rehabilitation program or job placement services.
- Death and funeral benefits. New York workers’ compensation law covers death benefits under NY WCL §16 if a work-related injury causes death.
New York law allows death claims to be filed through the state’s workers’ compensation system by the surviving spouse, children, parents, or estate. Death benefits include indemnity compensation benefits and costs of funeral expenses, according to a schedule. Talk to our Hempstead workers’ compensation attorney at Kaplan Lawyers to learn about benefits you may be eligible to receive.
You May Be Able to Get Help Beyond Workers’ Compensation
The goal of workers’ compensation is to eliminate the need for lengthy and costly civil lawsuits in cases of injury on the job. However, there are some situations where you may be able to go beyond workers’ comp and bring a personal injury or wrongful death claim that will provide compensation for non-economic damages, such as pain and suffering, as well as costs such as medical expenses and lost wages.
An example of such a situation is if the injury or death was caused by an outside contractor who ran over a worker while on the job. When you contact us, our Hempstead workers’ compensation attorneys will examine your situation to see if it warrants a lawsuit.
You Don’t Have to Go it Alone. Call Our Workers’ Comp Lawyers in Hempstead.
If you have been injured on the job in New York, you do not have to navigate the complex workers’ compensation process alone. The Hempstead workers’ compensation lawyers at Kaplan Lawyers, PC will be there for you to fight for the maximum benefits and best medical care available.
We offer a free consultation, so call (516) 399-2364 today.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]