Workers Compensation Lawyers in NYC

What Injuries Can Workers Compensation Cover?

In New York, employers are required to carry workers’ compensation insurance that cover everyone on the payroll. The coverage must extend to all injuries that occur on the job and workplace-related illnesses, often regardless of who’s at fault. Some of the most common types of workers’ compensation claims involve:

• Injuries due to overexertion
• Slip-and-fall injuries
• Injuries caused by malfunctioning equipment
• Injuries caused by entanglement in machines
• Injuries from falling objects
• Repetitive motion injuries
• Lung injuries from inhaling toxic substances

Steps to Take Following a Workplace Injury

Injured workers should take action immediately if they want to ensure access to the insurance benefits they are owed. If you’ve been injured, follow these steps.

• Seek medical treatment as needed.
• Notify your employer of what happened in writing quickly—ideally within four days of the accident.
• See a medical provider selected by your employer if your injuries are not life threatening.
• Hire a workers’ compensation attorney as soon as you have received medical care and notified your employer.

Workers’ Compensation Benefits

The purported goal of the New York workers’ compensation insurance system is to provide quick relief for injured employees. The system allows for multiple benefits, including:

Medical Coverage

Workers’ compensation should cover 100% of your medical bills. Depending on the severity of your injury or illness, that might include doctors’ visits as well as the cost of prescription medications, surgery, hospital stays, and even long-term physical therapy.

Lost Wages

Your workers’ compensation should also provide benefits for lost wages, depending on the extent of your injuries. If you’re left completely unable to work during your recovery period, you’ll likely receive temporary total disability benefits. These benefits cover ⅔ of your average wages. If you can take on a modified workload, you may receive temporary partial disability benefits that cover a smaller percentage of your weekly paycheck.

Permanent Disability

If your workplace injury results in permanent damage that prevents you from returning to gainful employment, you may be eligible for permanent total or partial disability payments. Your treating physician will be responsible for determining the level of your disability.

Evidence Required to File a Workers’ Comp Claim

Since New York’s workers’ compensation insurance system is no-fault, you don’t have to prove you did not contribute to causing your injuries.

You will, however, need to provide evidence of the extent of your injuries before any benefits can be determined. When you attend your initial consultation, bring along medical records, witness accounts, and testimony from physicians or other medical providers.

These documents can help to verify the nature and extent of your injuries so you can maximize your compensation.

Can You Work While Receiving Workers Compensation Benefits?

Whether you can continue to work while receiving benefits will depend on the determination of your treating physician.

If your injuries are severe, you will most likely receive either temporary or permanent total disability benefits. As you heal, you may return to modified duty and continue to receive partial disability benefits.

What to Do If Your Claim Is Denied

If your workers’ compensation claim is denied, don’t panic. You have a right to appeal the denial, and we can help.

Ask to speak with an attorney right away so we can help you obtain the benefits you are owed.

A Workers Compensation Lawyer in NYC Can Help

Filing a workers’ comp claim isn’t always a straightforward process, and many claims are denied every year due to simple technicalities. If you’ve been injured or developed a job-related illness in New York City, it’s worth hiring a lawyer who can help.

The purpose of the NYC workers’ compensation insurance system is to ensure workers who are hurt on the job have the resources needed to recover. If you’ve been injured at work, you have a right to claim workers’ comp benefits.

We’re here to help you stand up for your rights. Whether you’re just filing an initial claim or your claim has already been denied and you want help filing an appeal, schedule a free consultation to get started.