Best Workers Compensation Attorneys in New Rochelle

FAQs

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

  Call the New Rochelle Police Department at 914-654-2300.

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

  Call the Records Unit's number at 914-654-2235 to request reports from the New Rochelle Police Department. The station is located at 475 North Avenue in the metro.

• How do you file a workers' compensation claim in New Rochelle?

  Complete the form Employee Claim (Form C-3) and submit it by mail addressed to: NYS Workers’ Compensation Board Centralized Mailing Address PO Box 5205 Binghamton, NY 13902-5205. The completed form can also be sent by email to wcbclaimsfiling@wcb.ny.gov or uploaded to the website of the NYS Workers’ Compensation Board. It can be submitted in person to the Queens District Office, which handles cases in New Rochelle and Westchester County. The office is located at 168-46 91st Avenue 3rd Floor in Jamaica.

• What happens after filing a workers' compensation claim in New Rochelle?

  The employer and their insurance company will either accept, deny, or dispute the claim in New Rochelle. The payout from a workers' compensation claim can only be given if both the employer and insurer agree that the injury is work-related. Once they deny or dispute the claim, the employee can file a case before the board, where a judge will issue a decision regarding the compensation.

• Would you need a workers' compensation attorney in New Rochelle to represent you?

  An injured employee in New Rochelle is highly advised to seek the help of a workers' compensation attorney. This is especially important if the case involves a deceased employee, severe injuries, disputes, or permanent disabilities. While an employee is not required to be represented by an attorney, getting one can help them increase their chances of securing better benefits. Note that employers, insurance companies, and the state board will have attorneys on their side.

• How do you start a discrimination claim in a workers' compensation case against an employer in New Rochelle?

  You can start a discrimination claim by completing the Discrimination Claim (Form DC-120) and submitting it to the Workers' Compensation Board Discrimination Unit Riverview Center 150 Broadway Menands, NY 12204. Take note that you only have two years to file since the discrimination event happened. State laws will penalize New Rochelle employers who discriminate or terminate employees for filing or testifying in a workers' compensation case.

• What kind of construction site situations should injured workers in New Rochelle seek compensation for?

  Generally, any New Rochelle construction worker injured at work can file a workers' compensation claim. This is applicable to situations that range from scaffolding falls, electric shock, and forklift accidents to vapor, chemical, or toxic substance inhalation. If a worker suffers from trauma in any part of the body due to overexertion or repetitive motions at work, they will also receive claim benefits. The same happens if the injury is caused by accidents involving cranes, heavy machinery, vehicles, and collapsed structures.

• 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.