Best Workers Compensation Attorneys in New York City

FAQs

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

  The non-emergency phone number of the New York City Police Department is 311.

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

  You can receive a copy of a New York City accident or incident report by filing a request for an old or new record at https://a860-openrecords.nyc.gov/. If a request is denied, formal administrative appeals can be sent to the FOIL Appeals Officer through email at FOILAPPEALS@nypd.org.

• Even if you have previously experienced a comparable accident, can you still submit a workers' compensation claim in New York City?

  In New York City, you can file a workers' compensation claim even if you've previously received benefits for a similar injury. If you were determined to be fully recovered from the earlier accident, the new accident will be viewed as a wholly independent claim. However, if you are still receiving care for the old injury, your compensation might be partially or entirely reduced due to the earlier accident.

• Is a Workers' Compensation Board hearing required in every case of workers' compensation in New York City?

  No. There is no need for a hearing if your New York City workers' compensation claim is granted and there are no disagreements about the amount of benefits or how long you will get them. The Board will set up a hearing if your employer decides to contest your claim, regardless of whether there is dispute over how you were injured, the severity of your condition, or the appropriate level of compensation.

• How long do you have in New York City to submit a workers' compensation claim?

  In New York City, you have two years to file a workers' compensation claim and 30 days to notify your employer of a work-related injury. However, it's in your best interest to move swiftly because it takes time to develop a compelling argument and, in some cases, there may be additional deadlines.

• When is hiring a workers' compensation lawyer in New York City necessary?

  In New York City, filing for benefits does not require hiring a workers' compensation attorney nor might a minor case necessitate one. However, you should always speak with a lawyer if the workplace injury is serious or complex. Remember that, sometimes, in order to receive medical care and compensation, wounded workers must fight insurance companies.

• Do you still need to hunt for employment if you had a partial impairment following an injury at work in New York City and your company can't or won't make accommodations for your limitations?

  Yes. The New York City Workers' Compensation Law mandates that injured individuals who can work in any capacity can seek employment within their medical restrictions. When you are given restrictions, contact your employer to ask if they can make accommodations. If they are unable to, apply for unemployment benefits, hunt for a job that meets your qualifications, and keep meticulous and accurate records of your work.

• 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.