Best Workers Compensation Lawyers in Brooklyn, NY

FAQs

• What is the non-emergency contact number for the local police station in Brooklyn, New York?

  Dial 311 for a response from the NYPD in Brooklyn.

• Where can I get a copy of police report for incidents related to my case in Brooklyn, New York?

  To get copies of Brooklyn incident reports, submit a request online at https://a836-citypay.nyc.gov/citypay/NYPD_VCLP. A required request form has to be submitted for requests sent by mail. Send the completed form to: NYPD/Criminal Records Unit 375 Pearl Street Suite 4, 16th Floor New York, NY 10038 Take note the Criminal Records Unit is not open to the public. For more information call the NYPD at 646-610-5000.

• Are there non-online options for submitting a Brooklyn workers' compensation claim?

  Yes. You can submit a workers' compensation claim in person by visiting a Workers' Compensation Board Office. The office is on the fifth floor of One Pierrepont Plaza, which is located at 300 Cadman Plaza West in Brooklyn. The claim form can also be mailed to the NYS Workers' Compensation Board Centralized Mailing Address PO Box 5205 Binghamton, NY 13902-5205. If you require additional assistance in completing the form, please call the toll-free customer service hotline at (877) 632-4996 during business hours.

• How do you seek assistance from the NYS WCB's social services after a workplace injury in Brooklyn?

  To request assistance from a social worker following a workplace injury in Brooklyn, call (877) 632-4996 or send an email to socialworkers@wcb.ny.gov. These social workers can assist you with your return to work by checking for financial barriers, assisting with claim issues, and budget planning. They can refer you to local social services, help you negotiate with landlords, and help you with any emergency shelter needs.

• Can workers' compensation affect a nearly retiring worker's retirement benefits in Brooklyn?

  Yes. If you receive workers' compensation benefits, your retirement benefits may be reduced. When you were about to retire from your Brooklyn job and were injured on the job, your employer's workers' compensation insurance will continue to pay your medical bills. It is important to note that there is no age limit for receiving workers' compensation benefits.

• In what situations can you get cash disability payments in a workers' compensation claim in Brooklyn?

  If your injury lasts more than seven days, you will receive weekly disability payments from Brooklyn workers' compensation insurance. Typically, the amount is calculated by multiplying the percentage of disability by two-thirds of your average weekly wage from the previous year. It should not exceed the state's maximum allowable limit.

• What happens when an insurance company denies or partially denies a Brooklyn worker's claim?

  When an insurance company denies part or all of a Brooklyn worker's claim, it must file a notice of controversy with the Workers' Compensation Board. Following that, an administrative law judge will preside over a pre-hearing conference to discuss matters prior to the final hearing. The compensation amount and payment period will be decided by the judge during the final hearing.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.