Best Workers Compensation Attorneys in Queens

FAQs

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

  311 is the hotline for non-emergency cases in Queens.

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

  You can obtain a copy of an incident report in Queens by submitting a Freedom of Information Law request to the New York City Police Department using this link: https://www.nyc.gov/site/nypd/bureaus/administrative/document-production-foil-requests.page. The department's office hours are Monday through Friday, 9 a.m.-5 p.m.

• Can your doctor recommend any treatment after you get hurt while working in Queens?

  No, there are rules that limit the treatment options and tests your doctor in Queens can offer. However, it doesn't mean you can't receive specialized tests or treatment. If the specific procedure or treatment is not allowed according to the general guidelines, your doctor will need to complete and submit the necessary forms for approval. If the treatment is not approved, workers' compensation benefits will not cover its cost.

• Can you handle a Queens workers' compensation case hearing without a lawyer?

  It is possible to manage a Queens workers' compensation hearing without a lawyer, but doing so would not be wise. Most likely, your employer or the workers' compensation insurance provider would have legal representation. Also, the court won't have the time to explain all the nuances of the workers' compensation legislation to you because they can be very complicated.

• How will your Queens workers' compensation attorney be paid?

  In Queens, your workers' compensation lawyer is not compensated until they secure financial compensation for you over and beyond any amount the insurance company may have already paid you voluntarily. The payment of your lawyer's fee, as set by the Workers' Compensation Board, will be decided by the workers' compensation court when your attorney wins an additional award on your behalf. The legal fee is typically 15% or less of any additional funds your attorney can secure.

• Can workers' compensation in Queens cover an occupational disease?

  The New York Workers' Compensation Board made it clear that occupational disorders are covered by the state's workers' compensation program. In Queens, you will be eligible for the same benefits if you become injured due to a work-related occupational disease as you would if you became disabled due to an on-the-job injury.

• Can you sue your place of work for your workplace injury in Queens?

  Workers' compensation is the only remedy for most job injuries in Queens, meaning that the injured worker cannot sue the business for carelessness and must instead file a workers' compensation claim to get compensation. However, there are a few significant exceptions that you should be aware of. First, you might be qualified to pursue a personal injury case against a third party. Additionally, under New York Labor Law, injured construction workers may be able to file a negligence claim against their employers.

• 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.