Best Workers Compensation Attorneys in Yonkers

FAQs

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

  914-377-7900 is the non-emergency line of the City of Yonkers Police Department.

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

  The Yonkers Police Headquarters' records unit is at 104 South Broadway. The contact numbers are 914-377-7237 for the phone and 914-377-7235 for the fax.

• May an individual in Yonkers file a workers' compensation claim if the employer is notified on the 31st day after an accident at the workplace?

  It will be difficult in Yonkers to file a workers' compensation claim on the 31st day after an accident because an individual has 30 days to notify the employer, and here the claimant is late. There could be exceptional circumstances at work, like the injured party being in a coma or otherwise unable to give notice for a month.

• Does being labeled an independent contractor in Yonkers immediately prohibit one from claiming workers' compensation benefits?

  No, being labeled an independent contractor in Yonkers does not automatically prevent one from claiming workers' compensation. The general rule is that an independent contractor is not an employee because these individuals are their own bosses. However, if they routinely perform the same responsibilities as actual employees and are just as supervised, it could be argued by a lawyer that the employer is trying to circumvent the state's labor legislation and that workers’ compensation is due.

• Do prospective employers have the right to ask if a job applicant in Yonkers has ever filed for workers' compensation benefits?

  No, prospective employers in Yonkers should not ask their potential employees if the latter has ever tried to claim workers' compensation benefits in the past. A job applicant must not be discriminated against because of the exercise of a legal right, including that to be repaid for an injury while on the job.

• Should workers in Yonkers be concerned about claims being denied because of a pre-existing condition?

  No, workers in Yonkers and the rest of the state need not worry about pre-existing conditions when claiming benefits under labor law. If the applicant's current line of work aggravates an existing condition significantly, coverage is allowed. This also contemplates scenarios where a condition sustained and paid for at a previous job gets worse because of one's new job.

• What are the benefits that laborers in Yonkers receive by way of workers' compensation?

  The benefits that laborers in Yonkers receive through workers' compensation include the cost of travel to and from the hospital and the treatment and medicines received. The reduction in an individual's ability to earn is compensable, as is the loss of a limb. Disability payments amounting to 2/3 of the person's weekly wage are also paid out.

• 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.