Work Injury Lawyers New York

New York prides itself on its hard work ethic and can-do attitude. That being said, the health and wellbeing of our fellow New Yorkers is more important than occupational pride. Injuries on the jobsite are common and happen every day in New York City. Fearing that many New Yorkers would return to work despite their injuries, New York has passed one of the nation’s most generous workers’ compensation laws that may provide benefits even if you were negligent at work.

The New York workers’ compensation law applies to both injuries and illnesses suffered by employees as a result of their employment. Whether you smashed your hand on a construction site or developed a long-term disease as a result of prolonged contact with toxic chemicals, the workers’ compensation law may be able to assist you without the need to file a lawsuit. Benefits may come in the form of compensation for medical bills, such as surgeries, medication, therapy, and other treatment, and cash payments payable directly to you if you are unable to return to work. 

New York Workers’ Compensation Lawyer Consultation

When you contact the Moshes Law Firm, you can be assured that you are speaking with some of the best workers’ compensation attorneys in New York City. As personal injury workers’ compensation attorneys, NY cases are complex and difficult as they can get. Whether you were injured on the construction site or suffered a burn on the line, we have experience with your type of injury. Our knowledgeable and experienced team has helped clients get payments for all types of injuries and diseases. 

If you were injured at work and are seeking compensation or if your workers’ compensation claim has been wrongfully denied, contact the Moshes Law Firm today. We offer free consultations, which means that we will discuss your case without any cost to you. In fact, we don’t charge a single dollar unless you recover for your injuries. 

How Can a NY Workers’ Comp Attorney Help

If you were injured on the job or suffered an illness related to your job, a NY workers’ compensation attorney may be able to help you recover in a number of ways. While it is generally easy to file for workers’ compensation, many injured individuals find navigating the process difficult and would rather have an attorney file for them. More commonly, however, is that an individual’s application for workers’ compensation was denied or the insurance company is demanding a hearing to dispute the injury. 

If this is your situation, you will most likely need the help of an attorney to help navigate the hearing or appeals process. A workers’ compensation attorney will conduct the entire hearing by obtaining medical records, calling witnesses such as your doctor or co-workers who witnessed the injury, and fighting to get you the highest cash award possible. Insurance companies handle workers’ compensation claims on a bulk basis and oftentimes use the same techniques over and over again. Whether they are claiming that your illness was due to a pre-existing condition or that your injury occurred outside of work hours, we have the expertise and skills to anticipate and refute their claims. 

Who Qualifies For Workers’ Compensation Benefits in NYC

Unfortunately, not everyone who is injured at work will be eligible for workers’ compensation benefits in New York. Under New York Law, there are a number of requirements you must meet before you can be eligible. These requirements relate both to the type of employer you work for and the type of injury that you suffered. Even if you are eligible, that is only the beginning of the process. Here are the general requirements that must be met before you qualify for workers’ compensation in New York.

Injuries Qualifying for Workers’ Compensation in New York

To qualify for workers’ compensation, you generally must meet a number of requirements before you can even think about filing for benefits. These are often easy to meet in the simplest cases where individuals are injured on the job. Sometimes, however, whether or not the injured employee has met these requirements can be quite contentious. The requirements are as follows:

1. Work for a qualifying employer – This is generally an easy requirement to meet. In general, every employer in New York that operates a business for profit must have workers’ compensation insurance that covers each of their employees.
2. Be an Employee – The definition of employee that must be covered by a workers’ compensation policy is also quite expansive. The law covers full time employees, part time employees, some independent contractors, unpaid volunteers, subcontractors, and more. If you are performing services for someone and receiving compensation, you are likely within the definition of “employee” under the workers’ compensation law.
3. Be Injured on the Job – To qualify, your injury must have occured while you were performing the duties of your job. While this is normally an easy determination, the lines can blur in certain situations. For example, situations where an employee is commuting to or from work, walking to work from the parking lot, or completing a personal errand while on the clock all complicate this analysis. 
4. The Injury was Due to Work Related Duties or Tasks – Just because you were injured while on the job does not mean that the injury was caused by the duties of your job. For example, a heart attack caused by a pre-existing condition, unrelated to your work, may be not covered under workers’ compensation if the duties of the job did not cause the injury.
5. Notice – You must give your employer notice of your injury within 30 days of it occurring. This is true whether or not you have determined that the injury meets the other requirements above. 

If you were injured on the job and believe that your injury was caused by a work related duty or task, you may be entitled to compensation. Many times, employees think they do not qualify for workers’ compensation due to their injury. The New York workers’ compensation law, however, is quite employee-friendly. The attorneys at the Moshes Law Firm have helped hundreds of clients recover for their injuries, many of whom thought they were not covered. If you were injured on the job, contact the experienced attorneys at Moshes Law, P.C. for a free consultation Today.

Workers’ Compensation Filing Process

Generally speaking, the workers’ compensation filing process can be very easy to complete. There are only a few steps that most people can complete without the assistance of an attorney. However, work related injury lawyers in New York know that things rarely go according to plan. This can either be because your claim was denied or the injury company contests your injury and is demanding a hearing. In that case, you may need assistance from a top lawyer. Injury at work NY attorneys also know that sometimes even filing the paperwork is difficult when you are injured. In that case, an attorney can easily and quickly help you file your claim. 

Filing a Claim With the Workers’ Compensation Board

The first step in filing a workers’ compensation claim is to visit your doctor and obtain the medical attention and evaluations that you need. The doctor will complete a preliminary form and submit that form to a local workers’ compensation office. You must also make sure that you report the injury to your employer within 30 days of its occurrence. You should always keep a record of this formal notice, even if the employer is otherwise aware of your injury. Your employer will then also submit a report to the workers’ compensation office. 

After you provide notice to your employee, you must submit an Employee Claim, called a C-3 form, on the New York State workers’ compensation website. This form can also be completed in a paper version or over the phone. While you have up to two years to submit the C-3, you should generally do it as soon as you are physically able so that you receive your compensation as quickly as possible and do not lose any relevant information. 

Receiving the Statement Of Your Responsibilities

If your claim is approved, the insurance company that provides you with your payments will mail you a statement of rights and responsibilities under the policy within 14 days of the approval. It is important that you understand every aspect of this document, as it outlines important steps you must take. If you have any questions, the insurance company or an attorney can help you. After you receive the statement, the insurance company will begin providing you with your payments on a bi-weeklty basis. 

Trials and Appeals

If your claim is disputed by the insurance company, there may be a hearing, or “trial,” before the workers’ compensation board. This hearing will be held before a judge, and it is likely that the insurance company disputing your claim will have an attorney present. You or your attorney will then present evidence, such as the testimony of your doctor, make opening and closing statements, and present any other relevant documents, such as medical reports. The judge will then make a determination as to whether you qualify for workers’ compensation and how much the insurance company must pay.

If you are denied compensation at the hearing, it is possible to appeal the decision before a panel of three judges. During the appeal process, the judges are limited to viewing only the evidence that was presented at the initial hearing. This means that no new evidence may be submitted. The panel of three judges will review the evidence and then either (1) affirm the denial, (2) reverse the denial and award you compensation, or (3) remand the decision back to the original judge so that he or she may gather additional evidence in another hearing. While it is possible to handle these steps without an attorney, it is always recommended to have the assistance of an attorney during the hearing and appellate process, as these are complicated legal proceedings. 

How the Amount Of Workers’ Compensation Are Determined

Cash payments under the workers’ compensation regime are determined based on your average weekly wage. The calculation for determining this amount is set by law under the New York Workers’ Compensation Law Section 14, or WCL 14. This calculation will vary depending on whether you were a full year, part year, seasonal, or temporary employee. Your attorney can easily assist you in calculating this amount.

Once your average weekly wage is determined, that number is then (1) reduced by two-thirds, and then (2) multiplied by your “impairment rating.” If you are permanently disabled, the impairment rating is 100%, thus giving you a full two-thirds of your average weekly wage. If you are partially diabled, a doctor will determine your impairment rating based on the severity of your injury. For the period of July 1, 2020 through June 30, 2021, the maximum amount you can receive through workers’ compensation is $966.78 per week.

For example, assume  the following: 

• Total disability – Pre-injury average weekly wage was $1,000. You are entitled to $666.67 dollars per week (two-thirds of $1,000) from workers’ compensation. 
• Partially disability – Pre-injury average weekly wage was $1,000. Impairment rating of 75%. You are entitled to $500 each week (75% of $666.67).
• Partially disability – Pre-injury average weekly wage was $1,000. Impairment rating of 50%. You are entitled to $333.34 each week (50% of $333.34).

How Much Is a Typical Workers’ Compensation Settlement

Workers’ compensation attorneys in NYC know that there is no such thing as a “typical” workers’ compensation settlement. The only thing that is consistent, however, is that injured individuals typically receive full compensation for the medical expenses and partial compensation for other costs. The ultimate amount of recovery will depend on a number of factors, such as the extent of the injury, the type of injury, how long you were out of work, and whether you are able to find another job. Compensation is generally available for the following items:

Medical Treatment to Date

When you are approved for workers’ compensation, you are eligible to receive compensation for all costs you have previously incurred resulting from the medical treatment. Because these costs were incurred before you applied for and/or received workers’ compensation, you will have to show that these medical payments were incurred as a result of the workplace injury or illness and not some other injury or preexisting condition. 

Future Medical Treatment, Like Surgery

Workers’ compensation will also entitle you to compensation for future medical treatments, such as surgery, medication, or therapy. While many New Yorkers may be used to how their health insurance works, coverage under workers’ compensation works differently. Medical professionals who treat workers’ compensation recipients are compensated on a fixed rate basis. Because of this, any medical provider you choose must be one that is pre-approved by the Workers’ Compensation Board, unless you are seeking emergency treatment for an injury. While this sounds complicated, it is much easier to find a qualifying professional once you have been approved for workers’ compensation. 

Lost Wages and Any Future Wage Loss

The meat of the workers’ compensation system is often payments for lost wages. These cash payments can compensate both for past wages you lost while applying for workers’ compensation and future wages you will lose while recovering and healing from your injury or illness. If you are permanently disabled, you may be eligible to receive up to two-thirds of your average weekly wage, up to a statutory maximum that varies from year to year. If a doctor determines that you are partially disabled, the number that is two-thirds of your weekly average wage is reduced by a fraction, called the impairment rating. The impairment rating is determined by your doctor based on the extent and severity of your injury. This is the same number that determines how long you are eligible to receive workers’ compensation payments. 

Disability Payments, If Applicable

If your disability is permanent and you are unable to return to work, you may be eligible for other types of disability payments. These include early access to social security through the social security disability insurance program and the New York accidental disability retirement benefit. Determining whether you are eligible for additional disability payments may be a complicated analysis. A workers’ comp attorney in New York can help you determine exactly what payments you are entitled to under the law. 

If you have suffered an injury or illness at your workplace, you may be entitled to assistance through the New York workers’ compensation program. Sadly, many New Yorkers are unaware that they are eligible and use personal time off or their savings to cover gaps in their employment. This does not need to happen. At the Moshes Law Firm, we are proud to offer the best workplace injury lawyers in New York. Contact our team of dedicated professionals today for a free and confidential consultation.

How Much Do Workers’ Comp Lawyers Charge in New York

If you have suffered an injury at work, NYC lawyers are not cost prohibitive. The cost that a workers’ compensation attorney in New York can charge is heavily regulated by law. By law, a work injury lawyer in NYC cannot charge a fee unless you are successful in your workers’ compensation claim. Even if the claim is accepted, the fee your attorney charges must be approved by the state board. The state board will consider a number of factors, such as the amount of time the attorney put into your case and the amount of your ultimate recovery. This ensures that any attorney fees you pay will be reasonable and affordable.

Why Choose Us for Your Work Related Injury Case

You can trust the Moshes Law Firm, P.C. to handle your workers’ compensation claim because we understand that you need more than filing assistance, you need an ally. Filing for workers’ compensation can be a long, combative, and demeaning process, especially if the insurance company fights back against your claim. Our attorneys will be your partner in the filing process, walking you through each step and standing by your side. 

Top Results in New York Work Injury Lawsuits

We at the Moshes Law Firm are extremely proud not only of the results we get for our clients, but also how we are able to positively affect their lives. While the best method is to find an attorney through a referral from a friend or family member, not everyone has that luxury. Thankfully, we have hundreds of clients willing to step in and share the amazing experiences they had with our firm. 

FAQ:

Call Our Workers’ Comp Lawyer in NYC for Help

If you were injured on the job or suffered an illness as a result of your employment, you may be eligible for cash compensation and medical coverage.

Whether or not you think you may be eligible, the attorneys at Moshes Law Firm, P.C. are standing by to talk to you. Contact us today for a free, no cost consultation.