How Our Workers’ Comp Lawyer in Long Island Can Help You
Long Island work injuries are common and occur across every employment sector. Fortunately, workers’ comp is typically available to help workers cover some of their losses, but not all losses are covered. If you have suffered an injury while working, a Long Island workers’ comp lawyer can ensure you get every penny you need and deserve.
At Tucker Lawyers, We Never Settle for Lowball Offers
We Fight for the Maximum Payout
Injured workers routinely deal with obstacles on their way to collecting workers’ comp benefits, most notably from their own employers and their employers’ insurance companies. At Tucker Lawyers, we help workers overcome these obstacles and fight to get them the benefits to which they’re entitled.
As a client of Tucker Lawyers, you don’t need to be concerned about your claim — we handle everything, including:
- Performing comprehensive accident investigations
- Filing and managing your claim paperwork and documents
- Communicating and negotiating with insurance companies
- Representing you during appeals
- Keeping you abreast of the progress of your case.
Have you been injured on the job in Long Island? If so, Tucker Lawyers can help you receive valuable compensation for your losses. For a free consultation with an experienced workers’ comp lawyer, call (516) 399-2364 today.
Workers’ Comp Benefits in Long Island
Injured workers are entitled to seek compensation for reasonable medical treatment and care related to their work injury. Injured workers may also pursue partial wage replacement for lost wages when they are incapable of working for more than seven days in a row.
When it comes time to receive workers’ comp benefits, a worker is first placed in one of four categories of disability based on the characteristics of their injury.
Temporary Partial Disability
Injured workers in this category are only partially disabled and typically may perform modified work or work a shortened schedule. These are workers who are expected to recover from their disability.
Temporary Total Disability
A worker with a temporary total disability cannot perform any work at all. They are totally disabled. However, they are expected to make a recovery and return to full work duties.
Permanent Partial Disability
Workers who have a permanent partial disability can eventually return to modified work or a limited work schedule but are not expected to fully recover. Their benefits are calculated using a Schedule of Loss of Use (used for workers who lost the use of a body part) or loss of wage-earning capacity formula.
Permanent Total Disability
Workers who suffer a permanent total disability are no longer considered employable, ever. They may receive benefits for the rest of their lives.
Disfigurement
If you suffer a serious disfigurement of the head, neck, or face, and it is permanent, you may potentially receive a one-time payment of up to $20,000.
Lost Wages
If you are unable to work a complete shift after your work injury, you may be eligible for partial wage replacement benefits. These payments cover up to 2/3 of the average weekly wage you earned just before your accident and are only available if you miss more than seven days of full work.
The formula for calculating lost wage replacement benefits is:
Average weekly salary x 2/3 x percentage of disability you are suffering from. So an injured worker with an average weekly salary of $1,000 and a disability percentage of 50% will receive:
$1,000 x 2/3 x .50 = $333.33.
The worker’s weekly benefit would be $333.33. This amount is well under the maximum weekly benefit amount, which is currently just under $1,200, and well above the minimum of $150.
Survivor Benefits
If a worker dies on the job, their spouse and dependents may be eligible for survivor benefits. Survivor benefits provide weekly payments. They also pay family members money for funeral and burial expenses of either $10,500 or $12,500, depending on the county.
If there is no spouse or dependents, the deceased’s parents or the deceased’s estate may potentially receive a one-time payment of $50,000.
Is a work injury keeping you from earning a living? Are you running into problems accessing the benefits you deserve? Call (516) 399-2364 to speak with a Long Island workers’ comp lawyer from our team. Let Tucker Lawyers help you move forward and get you the money you deserve.
Frequently Asked Questions About Workers’ Comp
Workers’ comp claims often involve complex procedures and rules, and many workers find themselves frustrated when seeking benefits. We hope the following Q&A is helpful and that you will contact us if you have any other questions.
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How much do Long Island workers’ comp lawyers charge?
Long Island workers’ comp lawyers are required by law to charge reasonable fees for their services. Customarily in Long Island, this works out to anywhere between 10% and 15% of the money recovered. Your attorney will cover fees extensively during your initial consultation. The specifics of your case will ultimately determine the attorney’s fee.
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What happens if my workers’ comp claim is denied?
A denied claim is not the end of the story. You may appeal the decision and present your case to an administrative law judge. If you are unsuccessful, you may appeal to the New York Workers’ Compensation Board or, further, to the New York State Appellate Division. Having a Long Island workers’ comp lawyer representing you will increase your odds of getting approval.
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Can I still get benefits if I partially caused my work accident?
Yes. Fault on the part of the worker does not typically play a role in workers’ comp claims unless the worker was engaged in reckless or willful activities when they were injured. For example, if a window washer goes to work drunk and falls off the scaffolding due to drunkenness, they will likely not be eligible for worker’s comp benefits.
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What can I do if my employer retaliates against me for filing a claim?
If your employer retaliates against you for filing for benefits, contact an experienced Long Island workers’ comp lawyer as soon as possible. Also, save emails, texts, and any other communications involving retaliatory behavior, along with any other evidence you can get. Employer retaliation is illegal, and you may be entitled to damages.
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How long can I receive workers’ comp benefits?
The duration of your benefits depends on the result of your wage-earning loss calculation. If you have a wage-earning loss percentage of 0-15%, you will be entitled to receive benefits for up to 225 weeks. Those whose wage-earning loss is between 95%-100% may receive benefits for up to 525 weeks. And those who are permanently totally disabled can receive benefits for life.
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Can I work while receiving workers’ comp benefits?
Yes. You are allowed to engage in modified or partial work while receiving benefits. However, you will receive a reduced benefit that takes into account the money you earn doing modified work.
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Is there a statute of limitations for workers’ comp claims?
Yes. In New York, workers have a statute of limitations of two years from the date they were injured at work. If you file your claim after that, it will likely be dismissed. However, an employer-reporting requirement also exists that requires employees to inform their employers of work injuries within 30 days of their occurrence. Failure to comply with this reporting requirement may mean a total loss of workers’ comp benefits.
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Can I sue someone for my on-the-job injury?
Yes. You can sue someone for a work injury if:
- The party is not a fellow worker, your employer, or another member of the business
- The party breached a duty of care owed to you and caused you losses.
This type of legal action, known as a third-party lawsuit or claim, allows a worker to pursue full tort benefits, including:
- Full replacement of your wages
- Pain and suffering
- Permanent disfigurement
- Mental anguish
An injured worker may also be eligible for punitive damages in a third-party claim when their injuries were caused by willful, wanton, or malicious behavior.
Don’t hesitate to give us a call at any time to learn more about workers’ compensation! Our team is always ready to help.
Why Choose a Long Island Workers’ Comp Lawyer at Tucker Lawyers?
We Never Back Down
Have you been kept from engaging in gainful employment because of a work injury? Are you having trouble getting your employer to release your benefits? You are not alone. Countless injured workers face overwhelming challenges to their claims for benefits . . . but they don’t have to.
You don’t have to go through this difficult time alone. The workers’ comp lawyers at Tucker Lawyers are ready to help you just as they have helped thousands of others. To set up a free consultation, reach out to Tucker Lawyers. Let’s discuss your case and explore your options for moving forward with your claim. Call (516) 399-2364 today.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]