If you have been in an accident while working, even if you are a longshoreman, you have the right to file for workers’ compensation. With workers’ compensation benefits, employees can cope with the cost for treatment, damages, and loss of income brought on by the accident and injury or illness.
The beauty of workers’ compensation is that benefits can be granted regardless of whether you were at fault or not. This is possible because of the “no-fault system.” Therefore, your payout cannot be reduced when you were careless; neither can you receive more money due to your employer’s negligence.
Nevertheless, filing a workers’ comp claim does not mean that you will automatically get the full amount you deserve. To get the maximum amount possible, you need to speak to an experienced workers’ compensation attorney in New York about your options.
At Hill & Moin LLP, our results-oriented workers’ compensation lawyers have extensive experience helping injured workers get their benefits. If you’re unsure how to proceed after getting hurt on the job, come talk to our compassionate work comp lawyers today.
Call Hill & Moin LLP today at (212) 668-6000 for a free case evaluation.
What Is Workers’ Compensation?
Workers’ compensation is mandatory insurance employers must carry. It’s meant to cover the benefits of employees who suffer injuries or become ill while working for the company. The State of New York requires all employers to have workers’ compensation coverage for all employees of the organization.
However, there are some exceptions to this law. For instance, if you’re a federal worker, there is separate federal workers’ compensation coverage for you.
If you were actively working when the accident occurred, or if your work-related duties led to your illness, then there is no question: You have good reason to file a workers’ compensation claim. It does not matter if the accident or illness arose while you were on your work premises or elsewhere. Long term disabilities that came from an accident at work are also included.
For example, suppose your office is somewhere in Manhattan, but you were involved in an accident in the Bronx while running some work-related errands. Since you were injured in the course of running those errands, you have the right to file a workers’ compensation claim.
Are there situations in which you cannot file for workers’ compensation even if you were injured at work? Unfortunately, yes. This may be the case if you engage in rough play at work and get hurt in the process. You may also be ineligible for workers’ compensation if you were injured while performing personal or non-work-related tasks.
Your workers’ compensation claim may also be denied if it’s established that you were intoxicated or had a clear intention to hurt yourself. Many employers are willing to provide their workers with the necessary compensation so that the worker can get back to work as quickly as possible. Yet, getting all your benefits and securing your future often depends on certain factors.
Factors Influencing Workers’ Compensation Benefits in New York
In New York, the amount awarded for a workers’ compensation claim will depend on a few factors:
- The severity of your injuries
- The possibility of permanent disability and its degree
- The possibility of returning to works after your injuries are healed
So even though there is a limit to how much you can receive in workers’ compensation benefits, the factors mentioned above can influence a maximum payout. Although you should note that, in the State of New York, claimants can only get a weekly payment that’s equal to two-thirds of their regular weekly pay.
For example, if you were earning $1000 every week, you will only get approximately $667 in payment every week. Of course, getting these benefits depends on your not being able to work. However, there is something called the schedule loss of use award – this is basically the value of each body part in keeping with the workers’ compensation law.
Summarily, the schedule loss of use award implies that since you’re still able to work but have temporarily or permanently lost the ability to use a part of your body because of the accident, your employer must pay you a certain amount for the duration of weeks set out by legislation.
For example, if your personal injury has resulted in permanently limiting the range of motion for your arm, you may be entitled to compensation for a certain number of weeks (between 1 and 312 weeks), even if you’re able to work with the other arm. So if your doctor states that you lost 40 percent capacity in your arm, it means that you will receive compensation for 124.8 weeks (that’s 312 weeks X 0.4).
The math can be a bit complicated as well as the circ*mstances surrounding your workers’ compensation case. This is why you need to get in touch with Hill & Moin LLP’s highly skilled workers’ compensation lawyers in New York. We can make things clear to you.
We will examine every aspect of your case, advise you on your legal options, and help you secure full compensation for: your personal injury or illness, damages, loss of income, and loss of ability to earn a living.
Contact us for a free case evaluation.
When Is the Best Time to File a Workers’ Compensation Claim in New York (NY)?
There is a 2-year statute of limitations for every personal injury sustained on the job. This means that you have 2 years from the date of the injury or the date of your last payment before you sustained the work-related personal injury.
You may feel like you have plenty of time, but the reality is you don’t. You must file your work comp claim immediately. You may feel that your injuries were mild and there’s no need to file a workers’ comp claim, but you must resist the urge to put it off any longer than necessary.
Why? Well, it’s possible that those seemingly mild injuries can worsen over time, resulting in complications that directly affect your quality of life and the ability to earn an income.
Whether your injuries are severe or mild, you need to file your workers’ comp claim very quickly. Having your claims on record will help your case and ensure that you get an adequate sum for your injuries. If you have doubts about your rights to file a work comp claim, you can find an empathetic lawyer for workers’ comp at Hill & Moin LLP.
Every NY workers’ compensation lawyer at our New York law firm is highly experienced with work comp claims and can answer all your questions.
What Is the Process of Filing for Work Comp Claims in New York (NY)?
Filing work comp claims is often a tedious and complex process. Getting your benefits is even harder than you can imagine due to the countless hoops you have to jump through. Sadly, many workers are unable to get their benefits from a work comp claim because they failed to seek legal advice from an experienced work comp lawyer.
But you can get your benefits if you follow a proven process to build a strong claim and meet all deadlines. If you miss even one of the elements, you may not be able to recover your full benefits.
Whereas if you want a smooth work comp claims process, here are some of the steps you need to take:
- Go to the hospital and get the necessary treatment – If your employer has a designated hospital for work-related injuries, go there
- Write to your supervisor officially and inform the supervisor about the accident
- File a work comp claim with the New York Workers’ Compensation Board
- Ask the physician handling your case for a preliminary medical report – Medical doctors will give you the report if the doctor knows that you need it to file a work comp claim
- Make sure your employer is doing his or her part in the process – Informing the board and the company’s insurance firm
The process listed above is pretty basic. It’s just to give you an idea of some of the steps you must take to successfully secure your benefits. There is so much more to the process, and only a lawyer highly experienced workers’ comp claims can make this daunting task run easy and smooth.
If you would like to know more about what you need to do to successfully file a work comp claim or need legal advice from experienced, empathetic workers’ compensation attorneys in New York, contact Hill & Moin LLP today.
Can Your Employer’s Workers’ Compensation Insurance Provider Deny Your Claim in New York?
Yes, it can. Getting a “work comp denied” letter from your employer’s insurance company can be both frustrating and devastating, particularly when you have no doubt that your condition was work-related and that you thus have a legitimate need for requesting benefits.
Don’t be alarmed or discouraged. Many claims are denied on the first try. It’s a routine for many insurance companies since it’s an insurance adjuster’s job to “keep the books balanced.” Often, insurance companies resist paying claimants by looking for any reason to deny a workers’ compensation claim.
There are various reasons why your claim might be denied. These include:
- Your employer does not believe you were legitimately injured at work – This is often the case if there are no witnesses to corroborate your statement
- You failed to file your claim on time – There are claim filing deadlines, which is why you need to file your claim within 48 hours
- You failed to seek medical care from an approved hospital or healthcare provider – You should also see a doctor you trust alongside the company-approved doctor
- Processing delays from the insurance company
- Your injury does not seem serious – Same applies to injuries sustained from roughhousing or horseplay at the workplace
- There is evidence that you have a pre-existing condition with symptoms that are similar to that of your injury
- You were injured off-site
- You were injured while working on non-work-related tasks
- You were intoxicated when the accident happened and you were injured – Most insurance companies in New York will request for your blood alcohol content (BAC) at the time of the accident
- There is concrete proof that you intended to hurt yourself
- You failed to seek the legal guidance of a workers’ compensation attorney
The items above are some of the more common reasons why New York workers’ comp claims are denied. Work comp claim denials are more common than you may think, but there’s no need to panic.
If your claim was denied the first time, we can definitely assist you. With the help of our skilled workers’ comp lawyers in New York, your claim can be easily appealed so you can secure the benefits you deserve.
Call Hill & Moin LLC today at (212) 668-6000 to speak to one of our New York workers’ compensation lawyers.
Reasons Why Workers are Often Reluctant to File for Compensation
Even though injured or sick employees have the right to file a workers’ compensation claim, many of these employees simply don’t. Why? Well, the employees are usually afraid of the perceived repercussions that filing a compensation claim might bring.
In fact, some of the more common reasons for your reluctance to file a claim may include:
- Fear of being condemned or stigmatized
- Fear of a possible job loss
- Fear of possible revenge from the company
Yet, New York’s workers’ compensation laws are meant to protect you from all of the above. So if you are hesitant about bringing a workers’ comp claim against your company, don’t worry. Workers’ compensation laws are there to protect you and prevent all forms of discrimination against workers who file for compensation in NY.
With the help of our highly effective workers’ compensation lawyers, you’ll have the legal remedies necessary to pursue your compensation. To learn more about what our experienced attorneys can do for you, get in touch with an experienced workers’ compensation attorney at Hill & Moin LLP today.
Types of Workplace Injuries Covered by a New York Workers’ Compensation Claim
Almost all types of work-related injuries or health conditions can be covered by a work comp claim. As long as you were injured on the job or became ill due to your work, you can file a work comp claim and get some recompense.
However, if you want the specifics, the most common injuries include:
- Back, neck, shoulder, knee, or hip injuries
- Broken bones
- Muscle sprains or torn ligaments or tendons
- Traumatic brain injury or brain damage
- Deep cuts, bruises, or wounds
- Burns
- Loss of hearing
- Loss of vision
- Nerve damage from chemical exposure or vehicle accident
- Lung injuries
- Herniated lumbar and cervical discs
- Cardio-related illnesses like stroke or heart attack
- Cancer
- Hernia
- Carpal tunnel syndrome
These are just some examples of the more common injuries that may be covered by a work comp claim. There is so much more that a work comp claim can help with.
To find out what you can be compensated for, you will first need to speak with our experienced New York work comp attorneys to nail down your specific condition. The more specific you are, the better your chances of securing your future. If you’re looking for top-rated New York lawyers for workers’ comp claims, Hill & Moin LLC is the law firm to contact.
When Is the Best Time to Hire a New York Workers’ Compensation Lawyer?
The best time to hire a New York workers’ compensation lawyer is right after starting your treatment and before beginning the work comp claims process. The odds of having your claim go through the first time is higher with the help of our professional New York work comp attorneys at Hill & Moin LLP.
If your claims were denied the first time, then you definitely need to get in touch with us at . Our highly respected personal injury lawyers have spent over 40 years defending workers in the Big Apple and throughout New York State, making sure that you get what is rightfully yours.
We understand that this is a very trying time for you and your family. With our incredible workers’ comp claims experience, aggressive representation, and powerful legal guidance backing you up, you can drastically improve your odds of getting a fair amount for your work comp claim.
Call us today at (212) 668-6000 to schedule a free consultation and discuss your case.
Don’t wonder about your rights!
