Workers Comp Lawyer NY

Your Dedicated Workers’ Comp Attorneys

Our NY workers’ comp lawyer understands the intricacies 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 crucial, 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 navigate this complex process and ensure 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 a vital system designed to protect employees who suffer injuries or illnesses related to their job. Understanding eligibility criteria is crucial for employees and employers alike. In the state of New York, navigating the complexities of workers’ compensation can be challenging, making the guidance of a skilled Workers Comp Lawyer NY essential. Firms like Hurwitz, Whitcher, & Molloy specialize in this area, offering expert legal advice and support.

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

• Direct Job Relation: Injuries must be directly caused by or occur in the course of employment. This includes accidents, injuries sustained while performing work tasks, or in work-related environments.
• Exclusion of Non-Work-Related Injuries: Injuries that happen during an employee’s personal time or due to non-work-related activities are generally not covered.

Occupational Diseases

• Work Environment-Related Illnesses: These are illnesses that develop as a direct result of work environment conditions or specific job duties, like exposure to hazardous materials.
• Long-Term Exposure: Often, these diseases result from long-term exposure to harmful conditions rather than from a single incident.

Reporting and Filing Timelines

Immediate Reporting

• Promptness Requirement: Employees should report any work-related injury or illness to their employer as soon as possible, ideally immediately after the incident or discovery of the illness.
• Impact on Claims: Delay in reporting can affect the validity of the claim and the likelihood of receiving benefits.

Filing Claims

• Varied Deadlines: The deadlines for filing a workers’ compensation claim vary by state. It’s important to file within these deadlines to ensure eligibility for benefits.
• Timeliness and Success: Timely filing is a crucial factor in the success of a workers’ compensation claim.

Special Considerations in New York

Coverage Nuances

• Exemptions: Some sectors or types of employees, like certain agricultural or domestic workers, may be exempt from coverage under New York law.
• Employer Compliance: Employers in New York are required to have workers’ compensation insurance if they employ a certain number of employees, which varies based on the industry and type of work.

Legal Support and Representation

• Claim Disputes: In cases where there is a dispute over a workers’ compensation claim, such as denial of benefits or disagreement over the extent of injuries, legal representation becomes critical.
• Appeals Process: A Workers Comp Lawyer NY can provide invaluable assistance in navigating the appeals process if a claim is denied, helping to understand legal options and represent the case effectively.

Types Of Compensation for Work Injury Victims

Navigating the landscape of workers’ compensation can be a complex and daunting task. Understanding the different types of compensation available is crucial 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 skilled Workers Comp Lawyer NY, such as those at Hurwitz, Whitcher, & Molloy, is invaluable. Here, we’ll explore the various types of compensation that injured workers can receive and how we can assist you in this process.

Medical Benefits

Doctor Visits and Hospital Stays

• Comprehensive coverage includes all necessary doctor consultations, surgeries, hospital stays, and emergency room visits directly related to the work injury.
• Continuous Care: Follow-up treatments and check-ups are also covered to ensure complete recovery.

Medication and Medical Equipment

• This encompasses all prescription medications that are required for the treatment of the work-related injury or illness.
• Necessary medical equipment such as crutches, braces, wheelchairs, or any other devices prescribed by a healthcare provider to aid in recovery or mobility.

Rehabilitation Services

• Coverage extends to physical therapy, occupational therapy, and other rehabilitation services vital for recovery.
• The aim is to restore the injured worker’s physical abilities as close as possible to pre-injury levels.

Limitations and Approvals

Pre-Authorization Requirements

• Certain specialized treatments or expensive procedures may require pre-authorization from the workers’ compensation insurer to ensure they are necessary and related to the work injury.

Choice of Healthcare Provider

• Workers may have to choose from a network of approved providers, depending on the employer’s workers’ compensation insurance policy.
• In some cases, after initial treatment, workers might have the option to select their own doctor.

Disability Benefits

Temporary Total Disability (TTD)

• Provides compensation for workers who are entirely unable to work for a temporary period post-injury.
• The goal is to support the worker financially until they can return to work.

Temporary Partial Disability (TPD)

• For workers who can still perform some work but at a reduced capacity and potentially reduced earnings.
• This benefit helps to make up the difference between pre-injury and current earnings.

Permanent Total Disability (PTD)

• Applies when an injury permanently prevents a worker from returning to any kind of gainful employment.
• This is a long-term benefit reflecting the severe impact of the injury on the worker’s earning capacity.

Permanent Partial Disability (PPD)

• Designed for injuries that result in a permanent limitation but do not completely eliminate the ability to work.
• The benefit is calculated based on the extent of the disability and its impact on the worker’s earning potential.

Calculation of Benefits

Percentage of Wages

• Typically calculated as a percentage of the worker’s average weekly wage, subject to state-specific maximum and minimum limits.
• The percentage and method of calculation can vary depending on the nature and severity of the disability.

Duration

• The duration for receiving disability benefits varies. Temporary benefits continue until return to work, while permanent benefits may continue indefinitely.

Lost Wages Compensation

Partial Wage Replacement

• If an injured worker can’t earn their usual wages, workers’ compensation provides a portion of the lost income.
• This helps to alleviate financial strain during the recovery period.

Caps and Limits

• There are statutory caps on the amount and duration of compensation, varying by state and the nature of the injury.

Death Benefits

Spouse and Dependent Children

• They are entitled to a portion of the deceased worker’s wages, providing financial support after the loss.
• The amount is usually a percentage of the worker’s wages and is subject to a cap.

Funeral Expenses

• Workers’ compensation policies typically include a provision to cover reasonable funeral and burial expenses.

Vocational Rehabilitation

Career Retraining

• For workers who cannot return to their previous job, vocational rehabilitation programs may offer retraining for a new career.
• This can include educational courses and skill training.

Job Placement Assistance

• Assistance in finding suitable employment that accommodates the worker’s abilities post-injury.
• This includes resume assistance, job search support, and sometimes, interview preparation.

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 a workers’ comp lawyer in NY 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 Workers’ Compensation Board to ensure 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 makes a decision 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, expert testimony, and other forms of evidence are often submitted during the hearing. It’s crucial to be prepared, straightforward, and factual in your responses. Having legal representation, like the experienced attorneys at Hurwitz, Whitcher, & Molloy, can be invaluable in navigating the complexities 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?

In New York, 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.