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Worker’s Comp

Filing a Workers’ Compensation Claim in New York

In the aftermath of an on-the-job accident, even the hardest working Western New Yorker may find it impossible to get up and go back to work on his or her own strength. That’s why our state makes sure that employers provide workers’ compensation, which provides money and benefits to injured employees. These benefits replace the income that is lost when you are unable to work and help you heal as completely and as quickly as possible.

Unfortunately, many workers will encounter obstacles in their search for compensation, even when their injuries obviously qualify for benefits.

The New York workers’ compensation lawyers at my firm understand the toll of on-the-job injuries and their long-lasting repercussions. Our legal team has helped countless New Yorkers find success in their search for compensation and recovery from their devastating losses. To learn more about your rights and how we may be able to help you, call me on my cell phone at (716) 913-6309 and receive a free consultation from our skilled legal team.

What Injuries Qualify for Workers’ Compensation in New York?

If you have been injured while at work, it is vital to understand what is and is not covered by New York’s workers’ compensation laws. These rules create strict guidelines concerning workers and their rights to pursue compensation. Just because you were at work when you were injured does not mean that you automatically qualify for benefits.

To be covered by New York compensation laws, your injury-causing incident must fall into the following categories:

  • You must work for a company and in a capacity, that is mandated to have workers’ compensation coverage under New York law.
  • The injury, illness, or disability that you suffered occurred because of your job and while you were performing the duties involved in your employment.
  • You gave your employer a written notice of the incident that caused your injury or illness within 30 days of when it happened.
  • A medical report states that your injury, disability, or illness was caused by an on-the-job accident or condition.

Unfortunately, even incidents that clearly qualify for compensation may be disputed by employers and their insurance providers. You will need to collect sound evidence and the support of medical professionals to prove that you do indeed deserve compensation for as long as it is needed.

 

What are Workers’ Compensation Benefits in New York?

New York State law provides many different types of benefits for injured workers, with the goals of preventing financial hardship and helping victims return to work as soon as possible.

If you are found to qualify for workers’ compensation, you can receive benefits including:

  • Payments equal to 2/3 of your average weekly wage
  • Reduced earning compensation to make up for a decreased ability to work if you have suffered a partial disability
  • Medical treatment from doctors and chiropractors that are paid by the workers’ compensation provider
  • Compensation for extremity injuries, such as damage to arms, legs, hands, and feet or a facial scar, even when the damage does not keep you from working
  • Reimbursement for traveling to doctors or therapists and out-of-pocket expenses related to your injuries, such as bandages and prescriptions.

How Can a NY Workers’ Comp Attorney Help?

These benefits are based on the nature of your injuries, the amount of time you will be unable to work, and what is needed for recovery. As such, it is vital that you collect evidence and testimony that proves the true extent of your losses so that you can gain fair and full compensation. Injured workers will have to be regularly evaluated by doctors and complete hearings with the Workers’ Compensation Board to prove that their injuries or disabilities are still present and preventing work.

Without workers’ compensation benefits, the cost of recovery and lost wages from being unable to work can fall squarely on your shoulders with no assistance from insurance providers. A dedicated NY workers’ compensation attorney can help you secure the settlement you need.

What is Temporary Partial Disability?

 Some injuries may cause effect a workers’ ability to work, but not seriously enough to keep them from working completely. Temporary Partial Disability (TPD) is available to employees who have been injured at work and are healing from their injuries but are still able to do light duty or restricted duty at work. If the injured worker is able to earn their salary while working light duty, then TPD may not be available. But, if the injury caused the worker to lose any salary at all, then TPD may apply.

Does a NY Workers’ Comp Case Effect Job Security?

Many workers who have been injured at work may feel that they can’t bring a workers’ compensation claim out of fear of losing their job. New York workers often assume that pursuing a workers’ compensation claim will cost their employer money. This is not true. The vast majority of New York business carry workers’ compensation insurance so they don’t have to pay for worker injuries out of the company’s pocket. Your workers’ compensation claim should have no bearing on your job security.

Can New York Domestic Workers Get Workers’ Compensation?

Many New York families depend on the help of babysitters, housekeepers, gardeners, and nannies. When a domestic worker suffers an injury, it may not be clear if the homeowner is considered an employer or if the domestic workers is considered a contractor. Remember, a homeowner doesn’t have to run a business to have “employees.” Domestic workers may be considered “resident employees” who professional provide household services. If a homeowner decides to hire residence employees, they must obtain workers’ compensation insurance to cover domestic workers.

Who Pays Workers’ Compensation Insurance for Temporary Workers?

In New York, temporary workers who are injured will have their workers’ compensation insurance covered by the staffing or temp agency who assigned the worker to their job. Temporary or seasonal workers in New York have all the same workers’ compensation benefits as any regular, full-time employee.

Finding a Skilled NYC Workers’ Comp Attorney

If you are searching for fair and full compensation for your on-the-job injuries, get in touch with the skilled lawyers at Maxwell Murphy today by calling (716) 885-1300 or toll-free at (877) 8700997. Our legal team can provide you with a no-cost consultation and legal representation that will help you find success in your case and begin the journey to physical and financial recovery as soon as possible.