New York City Workers’ Compensation Lawyers
In New York State, nearly all employers are required to carry Workers’ Compensation Insurance. The purpose of this insurance is to cover an employee who is injured or becomes ill as a direct result of his or her Job. This insurance provides Medical Treatment and Cash-wage benefits to injured workers regardless of who is determined to be at fault.
These benefits are paid by the employer’s insurance company, as directed by the Workers’ Compensation Board. However, there are some exceptions that would forfeit an injured worker’s right to Workers’ Compensation benefits. For example a worker’s injury that results solely from his or her intoxication from alcohol or drugs or if the worker willfully intended to bring about the injury.
Our workplace accident lawyers will guide and help you through the claim process. Contact our office and speak to a Workers’ Compensation attorney about your work injury. The consultation is free and you don’t pay, unless we get you a monetary award.
The Basics of a Workers' Compensation Claim
For injured workers who are looking to file a claim, there are a few criteria that must be met in order to receive New York Workers’ Compensation benefits:
- You have to be employed by a company in a job that is required by New York Law to possess workers’ compensation coverage.
- The disability, disease, or injury suffered through your work accidents must be the result of doing your job and must have happened while you were doing your job.
- You must inform your employer that you suffered a workplace injury within 30 days of your work accident.
- You must seek immediate medical treatment. The claim that your disability, disease, or injury was caused by an accident that occurred on-the-job must be stated in your medical report
Who Is Covered Under Workers' Compensation?
If you’re lawfully employed, there’s a high likelihood that you’re entitled to workers’ compensation benefits.
Here’s a non-exhaustive list of the kinds of positions that are covered:
- Workers for companies that operate on a for-profit basis
- Full-time domestic workers who work at least 40 hours for a single employer
- Employees of the State of New York
- Municipal and county employees in professions defined as “hazardous”
- The majority of workers receiving compensation from a non-profit
As you can see here, workers’ compensation covers a substantial part of the working population by design.
What About Workers Who Were Paid Under the Table?
Injured workers who were paid off the books often don’t seek full benefits after work accidents because they assumed that being paid under the table means that they’ve forfeited their workers’ compensation rights.
That’s not the case although successfully making a claim and getting your full benefits does often become more legally challenging.
If you were hurt at work but you were paid “off the books”, it is strongly recommended that you speak with an experienced attorney before choosing your next course of action. Don’t assume that you’re exempt from receiving benefits.
Consult with New York Workers’ Comp lawyers before making your final decision on seeking benefits.
What Should I Do If I'm Hurt at Work?
Although there’s no predicting when work accidents will happen, there are measures you can take right away to protect your claim:
- First, unless emergency care was required, you must seek medical treatment from a healthcare provider who is authorized by the Workers’ Compensation Board to treat injured Workers.
- Second, under workers compensation law, New York employees are required to inform their employers about the injury sustained at work within 30 days. If your employer isn’t informed within 30 days after the accident, you may not be allowed to successfully claim benefits.
- Complete a claim form. This is where you let an experienced work accident lawyer step to assist you. An attorney at Villamar & Mewafy will personally meet with you and help you file your initial Workers’ Compensation claim by properly completing all the necessary documentation.
What Benefits am I Entitled To After a Workplace Accident?
If you are hurt at work or become ill as a result of your job, and you’re unable to work, the Workers’ Compensation insurance company is required to pay cash-wage loss benefits related to your disability. The amount of payments is determined by the injured worker’s earnings or the earning capacity at the time of the injury.
Cash benefits are not paid for the first seven (7) days of the disability, unless the disability period extends beyond fourteen (14) days. In that case, the injured worker will receive cash-wage benefits going back to the first day of disability. This benefit is calculated by taking 2/3rds of the average weekly wage multiplied by the percentage of the disability.
An injured or ill worker who has a compensable injury is entitled to receive necessary medical care that is directly related to the injury or illness sustained on the job. However, it is important to note that the treating health care provider must authorized by the Workers’ Compensation Board unless in an emergency situation.
If an injured or ill worker has been killed due to a workplace accident, the surviving spouse and/or minor children are entitled to weekly cash-wage benefits. The amount received is two-thirds of the deceased worker’s Average Weekly Wage for the preceding year of the accident.
What If I'm Injured But I Can Still Work?
Just because injured workers are able to return in some capacity after a workplace accident, that doesn’t mean that the employer is totally off the hook.
If you’re in a situation where your injury isn’t preventing you from working a bit, but your body just isn’t up to letting you work the same hours and earn the same wages as before, you may still be entitled to as much as 2/3rds of the difference between your old pay and your post-accident pay.
Why Hire Villamar & Mewafy?
Have an Advocate Who Knows and Understands Your Rights
The legal system can be a challenging place even in the best of times. Injuries sustained from work accidents are stressful enough without having to navigate a claim on top of that. Clerks and administrators can provide you with more information throughout the process, but they aren’t legally and morally obligated to advocate for you the way attorneys are. This is especially true if your case also happens to be more complicated. With an experienced work injury lawyer, you have someone who knows and understands your rights and is in the position to help you enforce them.
Receive the Amount That You Deserve
Even in what should be an open and shut Workers’ Compensation claim, there are countless examples out there of employers and their insurance providers counting pennies instead of paying injured workers the right amount. When you’re faced with legal experience and skill of the insurance company’s lawyer, it’s easy to settle for less than what you deserve. The assistance of experienced New York Workers’ Comp lawyers, however, is often enough to turn the tides in your favor.
Focus on Your Recovery
Regardless of the severity of your injury, a workplace injury that’s serious enough to file a claim for New York Workers’ Compensation benefits over isn’t like a cold or a papercut that you can easily bounce back from. The body’s recovery process takes time and, depending on the particulars, sometimes an emotional recovery is in order as well.
Putting your claim in the hands of experienced counsel frees you up to concentrate on your recovery because you can be confident that your rights and interests are being vigorously protected.
The Workers’ Compensation Application Process is Complex. Consult with a Fearless and Experienced New York Lawyer
Although it’s often said that an ounce of prevention is worth a pound of cure, work accidents can happen at any time. Despite the shock of getting hurt at work, injured workers still have to file and make decisions quickly.
We are experienced New York workers’ Compensation lawyers and personal injury attorneys who have represented injured workers throughout New York City including Queens, Brooklyn, Bronx, Manhattan, Staten Island, Long Island and White Plains.
When it comes to searching for a New York Workers Compensation lawyer, look no further. We are here to fight for you and for the benefits you deserve.