New York Workers’ Compensation Attorney

As a worker in New York, you may be entitled to benefits under the state’s Workers’ Compensation law if you are injured or become ill on the job. Workers’ compensation is a form of insurance that provides financial and medical support to employees who are unable to work due to a job-related injury or illness. These benefits can include medical treatment, wage replacement, and disability benefits. Contact the Law Office of Marc L. Schwartz to speak with an experienced New York Workers’ Compensation attorney and learn more about your rights. You may be entitled to compensation.

What is Workers’ Compensation?

Workers’ compensation is a system of benefits established by the state of New York to provide financial and medical support to employees who cannot work due to a job-related injury or illness. These benefits may include payment of medical expenses, lost wages, and disability payments.

Who is Eligible for Workers’ Compensation Benefits?

Almost all employees in New York are covered by the state’s Workers’ Compensation law, regardless of the size of the company they work for. Some exceptions include independent contractors and certain types of agricultural workers.

What Can Workers' Compensation Pay For?

Workers’ compensation benefits are intended to provide financial and medical support to employees who cannot work due to a job-related injury or illness. In New York, the benefits that you may be entitled to include the following:

  • Medical Expenses: Workers’ compensation will cover the cost of medical treatment related to your injury or illness, including hospital stays, doctor’s appointments, and prescription medication.
  • Lost Wages: If you are unable to work due to your injury or illness, workers’ compensation will provide you with benefits to replace a portion of your lost wages.
  • Disability Payments: You may be eligible for disability payments to help cover your living expenses.
  • Rehabilitation: In some cases, workers’ compensation will also cover the cost of rehabilitation services such as physical therapy or vocational training to help you return to work.

 

It’s important to note that the amount and duration of benefits you may be entitled to can vary depending on the nature and severity of your injury or illness and the laws in your state.

How much is my workers' comp claim worth?

The amount of a workers’ compensation settlement can vary greatly depending on the nature and severity of the injury or illness and the length of time the employee cannot work.

Generally, workers’ compensation settlements are based on a percentage of the employee’s average weekly wage. In New York, the maximum weekly benefit rate for 2021 is $971.61. The employee may be eligible for benefits for a certain period, depending on the extent of their injury or illness. For example, an employee with a temporary disability may receive benefits for a very short period. In contrast, an employee with a permanent disability may receive benefits for an extended period.

In addition to wage replacement benefits, an employee may also be entitled to medical treatment and disability benefits. Medical treatment benefits cover medical expenses related to the injury or illness, while disability benefits provide compensation for the employee’s loss of earning capacity.

In addition to these benefits, an employee may be entitled to additional compensation for certain injuries or illnesses, such as loss of use of a body part, disfigurement, or death.

It’s also important to note that settlements may include a lump sum payment or ongoing payments. A lump sum settlement is a one-time payment that covers the employee’s future medical expenses and lost wages. An ongoing settlement is a series of payments that are made over a period of time.

It’s important to consult with an attorney to determine the best settlement option for you based on your specific circumstances. The Law Office of Marc L. Schwartz can help you understand the benefits you are entitled to and negotiate a fair settlement on your behalf.

What Should I Do After sustaining injuries at work?

Sustaining an injury on the job can be a stressful and overwhelming experience. However, it’s important to take the proper steps to ensure that you receive the benefits you are entitled to under the workers’ compensation system.

  • Notify your employer as soon as possible: Under New York law, you have 30 days to report your injury to your employer. If you fail to do so, your claim may be denied.
  • Seek medical attention: Your employer should provide you with a list of authorized medical providers, but you also have the right to choose your own medical provider. It’s important to provide your medical provider with accurate information about your injury and how it occurred.
  • File a Claim: Once you have received medical treatment, you should file a claim with the New York State Workers’ Compensation Board. Your employer is also required to file a report of the injury with the Board. It’s important to provide the Board with all of the necessary information as soon as possible, as the Board may deny your claim if it is not complete. This can include medical reports, test results, and other documentation. It’s also important to keep in mind that you have the right to seek legal representation during this process. A workers’ compensation attorney can help you navigate the system and ensure that your rights are protected.
  • Retain records: In addition to filing a workers’ compensation claim, it’s important to document your injury and how it occurred. This can include taking photos of the accident scene, and getting the names and contact information of any witnesses. This information can be used to support your claim and to build a case should your claim be denied.
  • Contact an Attorney: Contact a New York Workers’ Compensation attorney to discuss your claim.

It’s important to note that there is a statute of limitations for filing a New York workers’ compensation claim. This means that you must file your claim within a certain period of time after your injury or illness. If you wait too long, you may lose your right to receive benefits.

How long can I collect Workers' Compensation?

In New York State, the length of time that you can collect workers’ compensation benefits depends on the nature and severity of your injury or illness.

For temporary disability, an employee may receive benefits for up to 26 weeks. For example, suppose an employee suffers an injury that requires time off to recover but is expected to fully recover and return to work. In that case, they may receive benefits for a shorter period of time.

For permanent disability, an employee may receive benefits for a longer period of time. The employee may receive benefits for a certain number of weeks based on the percentage of disability. In addition, an employee may receive additional compensation for certain types of injuries or illnesses, such as loss of use of a body part, disfigurement, or death.

The length of time you are able to collect workers’ compensation benefits may be affected by your ability to return to work. If you are able to return to work, even in a limited capacity, your benefits may be reduced or terminated. However, an employee may be entitled to lifetime benefits if they are permanently and totally disabled and unable to return to work

How Can a Workers' Compensation Attorney Help?

Navigating the process of filing for and receiving workers’ compensation benefits can be complex and overwhelming. A workers’ compensation attorney can help you understand your rights and guide you through the process, ensuring that your claim is handled efficiently and effectively. Here are just a few ways that a workers’ compensation attorney can help:

  • Advising on Eligibility: A workers’ compensation attorney can help you determine if you are eligible for benefits and what type of benefits you may be entitled to.
  • Filing Claims: A workers’ compensation attorney can assist you in filling out and submitting the necessary forms and documentation for your claim.
  • Representing You in Hearings: If your claim is denied or disputed, a workers’ compensation attorney can represent you in hearings and appeals to ensure that your rights are protected.
  • Negotiating Settlements: If your claim is approved, a workers’ compensation attorney can help you negotiate a fair settlement for your injuries and lost wages.
  • Handling Appeals: If your claim is denied or you are not satisfied with the settlement offered, a workers’ compensation attorney can help you file an appeal to have your case reviewed.

 

In short, a workers’ compensation attorney like Marc L. Schwartz, P.C. can provide valuable legal guidance and representation throughout the entire process of filing for and receiving workers’ compensation benefits. If you’re unsure of your rights or have any questions regarding your workers’ compensation claim, don’t hesitate to reach out to a qualified attorney for help.

What Happens if My Workers' Comp Claim is Denied?

If your workers’ compensation claim is denied, it can be a frustrating and overwhelming experience. However, it’s important to remember that a denied claim does not necessarily mean that you are not entitled to benefits.

If your claim is denied, the first step is to understand the reason for the denial. The denial notice should state the reasons for the denial and the steps that need to be taken to appeal the decision.

The next step is to request a hearing before a workers’ compensation judge. A hearing is an opportunity for you to present evidence and testimony to support your claim. The judge will then review the evidence and make a decision.

If the judge’s decision is still not in your favor, you have the right to appeal to a higher court. However, it’s important to note that there are strict deadlines for filing an appeal, so it’s important to act quickly.

Contact An Experienced Workers' Compensation Attorney

If you or a loved one have been injured on the job, it’s important to contact an experienced no-fault attorney. The Law Office of Marc L. Schwartz can guide you through the legal process and help you receive the compensation you deserve. We understand that every case is unique, and we’ll tailor our approach to meet your specific needs. Contact us today at (516) 482-0026 or fill out our online form to schedule a free, no-obligation consultation. Don’t let the legal process stress you out more than it already has. Let the Office of Marc L. Schwartz handle it for you.

Let Marc L. Schwartz, P.C. Handle Your Claim

If you or someone you love has been injured due to someone else’s negligence, don’t wait to seek justice. Let Marc L. Schwartz fight for you. Time is of the essence in these types of cases, so don’t delay. Take action now and get the help you deserve.