Workers Comp Lawyer NY

Your Dedicated Workers’ Comp Attorneys

Our NY workers’ comp lawyer understands the difficulties surrounding workers’ compensation claims in the state of New York. Eligibility for workers’ compensation benefits is generally extended to employees who sustain a work-related injury or illness while performing their job duties. This encompasses a wide range of circumstances, from accidents that occur at the workplace to illnesses contracted as a direct result of one’s employment.

It’s important to note that New York operates under a no-fault system, which means that employees are typically entitled to benefits regardless of who was at fault for the injury or illness. However, there are certain conditions and exemptions; for instance, independent contractors, certain types of volunteers, and some agricultural workers may not be eligible.

Timing is also paramount, as injured employees are required to notify their employer within 30 days of the incident to remain eligible for benefits. Our dedicated team is here to help you manage this complicated process and verify that you receive the compensation you deserve. Contact Hurwitz, Whitcher, & Molloy today to schedule a consultation.

Table of Contents

• Your Dedicated Workers’ Comp Attorneys
• Types of Compensation for Work Injury Victims
• Tips for Going Back to Work After an Injury
• NY Workers’ Comp Infographic
• NY Workers’ Comp Statistics
• NY Workers’ Comp FAQs
• Hurwitz, Whitcher, & Molloy, NY Workers’ Comp Lawyer
• Contact Our NY Workers’ Comp Lawyer Today

Eligibility for Workers’ Compensation

Workers’ compensation is an integral system designed to protect employees who suffer injuries or illnesses related to their jobs. Understanding eligibility criteria is imperative for employees and employers alike. In the state of New York, managing the complications of workers’ compensation can be challenging, making the guidance of a skilled legal professional fundamental. 

Employee Status

Full-time and Part-time Employees

• Coverage Inclusivity: Both full-time and part-time employees are typically covered under workers’ compensation laws. This inclusivity ensures that employees are protected regardless of their working hours.
• Varying Benefits: The extent of benefits may vary based on hours worked and salary. Full-time employees might receive more extensive coverage due to higher earnings and longer working hours.

Seasonal and Temporary Workers

• Eligibility Variability: While most seasonal and temporary workers are eligible for workers’ compensation, this can depend on the state laws and the nature of their employment contract.
• Coverage Criteria: Factors like the duration of employment, nature of the job, and the employer’s workers’ compensation policy play a role in determining their eligibility.

Independent Contractors

• General Exclusion: Independent contractors are usually not covered by workers’ compensation as they are not considered employees. However, this status can sometimes be misclassified.
• Situation-Dependent Coverage: In cases where an independent contractor is functioning in a capacity similar to an employee, or if state laws have specific provisions, they might be eligible for coverage.

Type of Injury or Illness

Work-related injuries refer to injuries that are directly caused by or occur during the course of employment. These include accidents or injuries sustained while performing job tasks or in work-related environments. However, injuries that happen during an employee’s personal time or as a result of non-work-related activities are generally not covered under workplace injury policies.

Occupational diseases, on the other hand, are illnesses that develop as a direct result of conditions in the work environment or specific job duties, such as exposure to hazardous materials. Unlike work-related injuries, these diseases typically result from long-term exposure to harmful conditions rather than a single incident, making them unique in how they are identified and addressed.

Reporting and Filing Timelines

Employees are encouraged to report any work-related injury or illness to their employer as soon as possible, ideally immediately after the incident or discovery of the condition. Prompt reporting is paramount, as delays can impact the validity of a claim and reduce the likelihood of receiving benefits.

Filing a workers’ compensation claim must also adhere to specific deadlines, which vary by state. Filing within these deadlines is imperative to maintain eligibility for benefits. Timeliness plays a significant role in the success of a workers’ compensation claim, underscoring the importance of acting quickly.

Special Considerations in New York

Certain nuances exist in workers’ compensation coverage, including exemptions for specific sectors or types of employees. For example, certain agricultural or domestic workers may not be covered under New York law. Additionally, employers in New York are required to maintain workers’ compensation insurance if they employ a certain number of workers, with the specific threshold varying based on the industry and nature of the work.

Legal support can be necessary in cases involving disputes over workers’ compensation claims. Disagreements may arise regarding the denial of benefits or the extent of injuries sustained, making legal representation vital. If a claim is denied, our NY workers comp lawyer may provide invaluable assistance in managing the appeals process, explaining legal options, and effectively representing the case.

Types Of Compensation for Work Injury Victims

Managing the nuances of workers’ compensation can be a complicated and daunting task. Understanding the different types of compensation available is paramount for anyone who has suffered a work-related injury or illness. In New York, where workers’ compensation laws have their unique nuances, the guidance of a legal professional is invaluable. Here, we’ll look at the various types of compensation that injured workers can receive and how we may assist you in this process.

Medical Benefits

Comprehensive coverage for workers’ compensation includes all necessary doctor consultations, surgeries, hospital stays, and emergency room visits directly related to the work injury. Follow-up treatments and check-ups are also covered to support a full recovery and make sure the injured worker’s health is properly managed throughout the healing process.

Additionally, coverage includes prescription medications required for treating the work-related injury or illness. Necessary medical equipment, such as crutches, braces, wheelchairs, or other prescribed devices, is also provided to aid in recovery and mobility. Rehabilitation services, including physical and occupational therapy, are covered to restore the injured worker’s physical abilities as close as possible to pre-injury levels, promoting a return to normal activities and work.

Limitations and Approvals

Certain specialized treatments or expensive procedures may require pre-authorization from the workers’ compensation insurer. This process confirms that the proposed treatments are medically necessary and directly related to the work injury. Additionally, workers might need to choose healthcare providers from an approved network as outlined by the employer’s workers’ compensation insurance policy. However, after receiving initial treatment, workers may have the option to select their doctor for ongoing care, depending on the policy.

Disability benefits under workers’ compensation are tailored to the worker’s specific situation and the extent of their injury. Temporary Total Disability (TTD) benefits provide financial support for workers who are completely unable to work for a temporary period following an injury. These benefits are designed to help workers until they can return to their jobs or recover fully. Temporary Partial Disability (TPD) benefits, on the other hand, assist workers who can still perform some work but at a reduced capacity, compensating for the difference between pre-injury earnings and their current, lower income.

For more severe injuries, Permanent Total Disability (PTD) benefits are available when a worker’s injury prevents them from returning to any type of gainful employment permanently. This is a long-term benefit aimed at addressing the significant impact of the injury on the worker’s earning ability. Meanwhile, Permanent Partial Disability (PPD) benefits are provided for injuries that result in lasting impairments but still allow the worker to perform some level of work. These benefits are calculated based on the extent of the disability and how it affects the worker’s earning capacity, offering indispensable support for long-term adjustments.

Calculation of Benefits

Workers’ compensation benefits are typically calculated as a percentage of the worker’s average weekly wage, with state-specific maximum and minimum limits in place. The percentage and calculation method can vary depending on the nature and severity of the disability. Temporary benefits are provided until the worker can return to their job, while permanent benefits may continue indefinitely, depending on the circumstances.

Lost wages compensation helps to alleviate financial strain by providing partial wage replacement to injured workers who cannot earn their usual income. This support provides a portion of the lost earnings is restored during the recovery period. However, there are statutory caps on the amount and duration of these benefits, which vary by state and the nature of the injury.

In cases of workplace fatalities, death benefits are provided to the spouse and dependent children of the deceased worker. These benefits usually consist of a percentage of the worker’s wages, subject to a cap, and aim to provide financial stability to the family. Workers’ comp policies often include provisions to cover reasonable funeral and burial expenses.

For workers unable to return to their previous job, vocational rehabilitation programs offer career retraining opportunities. These programs may include educational courses, skill training, and job placement assistance to help injured workers find suitable employment. Support services such as resume preparation, job search guidance, and interview coaching are also available to facilitate a smoother transition back into the workforce.

Tips for Going Back to Work After an Injury

If you’ve suffered an injury at the workplace, you’re likely eager to go back to work soon. However, getting back into the swing of things can be difficult. Here are some tips for returning to work after an injury.

• Stay in touch with your employer.

No matter how long you’re supposed to be out of work, communicate with your employer once a week to let him or her know how you’re doing. Inform your employer about your recovery and when you expect to return to work. Keeping in contact with your employer will show him or her that you’re serious about returning to the workplace.

• Don’t go back to work before your doctor gives you the okay.

If you’re starting to feel better, you might feel like you can return to work earlier than expected. However, you should avoid doing this. Don’t go back to the workplace until your doctor gives you the go-ahead. Otherwise, you could end up reinjuring yourself.

• Bring a list of your restrictions.

Even if your doctor approves you to go back to work, he or she may give you restrictions. For example, your doctor may not want you to lift anything over 10 lbs. Remember to bring a list of these restrictions to show your boss.

• Pay attention to your body.

As any legal professional can confirm, it’s important to listen to your body when you return to work. If you feel pain or fatigue, don’t hesitate to take a break. You don’t want to push your body past its limits.

• Don’t be afraid to ask for help.

When you first return to work after an injury, you still might not feel 100 percent like yourself. That’s why you shouldn’t hesitate to ask your coworkers for help when you need it.

• Contact your lawyer if your employer is being difficult.

If your employer is trying to force you to return to work before you’re ready or perform tasks that your doctor restricted, you should let your workers’ comp lawyer know.

NY Workers’ Comp Infographic

NY Workers’ Comp Statistics

According to the Bureau of Labor Statistics, there are an estimated 3.8 million workers’ compensation claims filed each year in the U.S.

• The average worker’s compensation claim costs $30,000.
• The most common types of workers’ compensation claims are injuries to the back, neck, and head.
• Workers’ compensation benefits can include medical care, lost wages, and vocational rehabilitation.

NY Workers’ Comp FAQs

How much do workers comp lawyers charge in New York?

In New York, workers’ compensation lawyers typically operate on a contingency fee basis, meaning they get paid only if you win your case or secure a settlement. The fee is generally a percentage of the benefits or settlement you receive, and this percentage is often regulated by the New York State Workers’ Compensation Board. As of my last update in September 2021, fees usually range from 10% to 20% of your award or settlement. It’s important to note that these fees must be approved by the board to make certain they are reasonable for the services provided. Before engaging legal services, it’s wise to have a transparent discussion about the fee structure to understand fully the financial commitments involved.

What to expect at a workers comp hearing in NY?

A workers’ compensation hearing in New York is a formal proceeding where the parties involved present evidence and arguments to a Workers’ Compensation Law Judge, who then decides on the case. You can expect to be questioned about your injury, the circumstances surrounding it, and your medical treatment. Your employer and their insurance company will also have the opportunity to present their side of the story, which may involve questioning you as well. Medical records, specialist testimony, and other forms of evidence are often submitted during the hearing. It’s important to be prepared, straightforward, and factual in your responses. Having legal representation, like our experienced attorneys at Hurwitz, Whitcher, & Molloy, can be invaluable in managing the nuances of the hearing. After both sides have presented their cases, the judge will either make an immediate decision or take the matter under advisement, with a written decision to follow.

Why can’t you sue your employer in NY?

The workers’ compensation system is designed to be an exclusive remedy for employees who suffer work-related injuries or illnesses, meaning that in most instances, you cannot sue your employer for damages. This arrangement is part of a trade-off: workers receive guaranteed, no-fault benefits for on-the-job injuries, but in return, they give up the right to sue their employer in civil court for those injuries. There are some exceptions to this rule, such as instances of intentional harm caused by the employer, or cases where the employer has failed to secure the required workers’ compensation insurance. However, these exceptions are relatively rare. The workers’ compensation system aims to provide a more straightforward, less adversarial means of resolving workplace injury claims, benefiting both the employee and the employer.