If you’ve been injured on the job or are suffering from a work-related illness, it’s important to seek workers’ compensation benefits. These benefits can help cover medical expenses, lost wages, and rehabilitation costs while you recover from your injuries. Workers’ compensation is designed to provide financial support for injured employees and ensure that they can focus on their recovery without worrying about the financial burden of their injury.
Not only does workers’ compensation benefit you, but also the entire workplace. It ensures that workplaces are being held to a certain safety standard and that employees are protected if they are injured on the job. By seeking workers’ compensation, you’re not only taking care of yourself but also helping to maintain a safe working environment for all employees.
In New York, workers’ compensation benefits provide financial support to employees who suffer work-related injuries or illnesses. However, the duration of these benefits can vary depending on several factors. Here’s what you need to know about how long workers’ comp lasts in New York:
Understanding the duration of workers’ comp benefits in New York is essential for injured workers to navigate the claims process effectively and ensure they receive the full extent of benefits to which they are entitled. Consulting with an experienced workers’ compensation attorney can provide invaluable guidance and advocacy throughout the claims process.
New York State’s Workers’ Compensation Board set forth guidelines for determining the duration of non-schedule benefits, which are benefits provided for permanent disabilities for injuries to the:
These benefits are payable for a maximum number of weeks, which is as follows:
If you have been injured on the job and are dealing with your workers’ compensation claim, contact our experienced attorneys at Katz, Leidman, Freund & Herman. We can help you navigate the process and ensure you receive the benefits you are entitled to under New York workers’ compensation laws. Don’t hesitate to reach out for a consultation today.
Navigating the workers’ compensation process in New York can be complex and daunting, especially when you’re dealing with the physical and emotional toll of a work-related injury or illness. Seeking the assistance of a knowledgeable workers’ compensation attorney can significantly alleviate the burden and ensure you receive the benefits you deserve. Here’s how an attorney can help you through each step of the workers’ compensation process:
Partnering with a skilled workers’ compensation attorney from Katz, Leidman, Freund & Herman can make a significant difference in the outcome of your case. With our expertise and dedicated advocacy, you can navigate the complexities of the workers’ compensation system with confidence and focus on your recovery without added stress or uncertainty.
If you have been injured on the job and are in need of legal representation for your workers’ compensation claim, don’t hesitate to reach out to Katz, Leidman, Freund & Herman for a free consultation. Our experienced attorneys are ready to listen to your story, evaluate your case, and provide guidance on the next steps to take.
]]>Workers’ compensation is a form of insurance providing wage replacement and medical benefits to employees injured during employment in exchange for mandatory relinquishment of the employee’s right to sue their employer for the tort of negligence. The concept operates under a no-fault system, whereby employees receive compensation for workplace injuries, regardless of who was at fault, ensuring protection for workers and employers.
In New York, the amount paid out through workers’ compensation is determined by several factors, including the injured worker’s average weekly wage, the extent of the disability, and the applicable legal limits on benefits. Understanding these factors is crucial for anyone navigating a workers’ compensation claim in New York. Here’s a more detailed look at how workers’ comp payments are calculated in the state:
The foundation of determining workers’ compensation benefits in New York is the injured worker’s average weekly wage (AWW). The AWW is calculated based on the worker’s wages in the year before the injury, including overtime and some benefits. This calculation aims to reflect fairly the income the worker would have continued to earn had they not been injured.
Benefits are also influenced by the classification of the worker’s disability, which can be categorized as:
The general formula for calculating workers’ comp benefits in New York is two-thirds of the worker’s AWW multiplied by their percentage of disability. However, there are caps on the maximum benefit amount, which are adjusted annually based on the State Average Weekly Wage (SAWW). As of the last update:
New York sets maximum and minimum weekly benefit rates for workers’ compensation claims, ensuring that workers receive a fair portion of their income and placing an upper limit on the amount paid out. These rates are adjusted annually to reflect economic changes and the cost of living.
The specific amount that workers’ comp pays in New York depends on a combination of factors, including the injured worker’s average weekly wage, the extent of their disability, and the state’s legal limits on benefits. Because these factors can vary significantly from case to case, it’s beneficial for injured workers or their families to consult with a knowledgeable workers’ compensation attorney to ensure they receive the full benefits they are entitled to under New York law.
As a leading New York City workers’ compensation law firm, we at Katz, Leidman, Freund & Herman are dedicated to ensuring injured workers receive the full benefits they are entitled to under New York law. Navigating the complexities of the workers’ compensation system can be overwhelming, especially when dealing with the stress of a work-related injury or illness. Here’s how our experienced workers’ compensation lawyers can help:
We begin by providing a thorough evaluation of your case. This includes analyzing your work-related injury or illness, understanding the impact on your ability to work, and calculating your potential benefits based on your average weekly wage and the extent of your disability. We aim to ensure that you clearly understand your rights and the compensation you deserve.
The process of filing a workers’ compensation claim can be complex and requires adherence to specific procedures and deadlines. Our team will handle all aspects of filing your claim, from gathering necessary medical documentation to submitting the required paperwork. We’ll ensure that your claim is filed accurately and on time, minimizing delays and maximizing your chances of a successful outcome.
We have experience in accurately assessing the full extent of your injuries and their impact on your life. This allows us to argue effectively for the maximum benefits you are entitled to, including medical expenses, wage replacement, and compensation for permanent disabilities. We understand the nuances of New York’s workers’ compensation laws and will work tirelessly to ensure you receive every dollar you’re owed.
Insurance companies often seek to minimize the benefits paid out to injured workers. Our experienced lawyers are skilled negotiators who will advocate on your behalf, challenging any attempts by insurance companies to undervalue your claim. We’re prepared to take on the insurance companies to protect your rights and secure the compensation you need for recovery.
If your claim is disputed or denied, we’re ready to represent you at workers’ compensation hearings and through appeals. Our NYC workers’ compensation attorneys have extensive experience presenting cases before the New York Workers’ Compensation Board and are adept at arguing for our clients’ rights to benefits. We’ll prepare a compelling case on your behalf, ensuring your voice is heard.
Recovering from a work-related injury or illness often involves more than just medical treatment. We provide support and guidance through rehabilitation and can help negotiate accommodations for your return to work. If you cannot return to your previous job, we’ll explore options for vocational rehabilitation and retraining.
Don’t navigate the complex world of workers’ compensation alone. Let Katz, Leidman, Freund & Herman be your guide and advocate. Contact us now for a free consultation and secure the benefits you’re entitled to. Your journey to recovery and fair compensation starts here.
]]>In New York, the possibility of obtaining another job while receiving workers’ compensation benefits is a nuanced matter. Here are the key points to consider:
While it is not outright prohibited to take another job while on workers’ compensation in New York, doing so requires careful consideration of the impact on your benefits, adherence to medical restrictions, and compliance with legal requirements. Transparency and consultation with both your healthcare provider and a legal professional are key to navigating this situation successfully.
Workers’ compensation in New York is a state-mandated insurance program that provides financial and medical benefits to employees who suffer job-related injuries or illnesses. This program is designed to help workers recover from their injuries and return to work, while also providing some level of financial security during their recovery period. Here are the key aspects of workers’ compensation in New York:
Workers’ compensation in New York is designed to protect both employees and employers. It ensures that injured workers receive necessary care and support, while also limiting the liability of employers for workplace injuries. Understanding the intricacies of this system can be complex, and individuals facing a work-related injury or illness often benefit from consulting with a workers’ compensation attorney for guidance and representation.
First and foremost, consider whether you are medically fit to take up another job. Ignoring medical advice and worsening your condition can have long-term consequences for your health and future employment.
If the new job is physically or mentally less demanding and aligns with your current medical limitations, it may be permissible. However, the specifics of your workers’ comp case and the nature of your injury will play a crucial role in this decision.
Before making any decision, it’s vital to seek legal advice. With experience in workers’ compensation law, we can guide you on the best course of action based on your specific circumstances.
A Workers’ Compensation Lawyer can provide invaluable assistance if you’re navigating the complexities of a workers’ compensation claim. Here’s how we can help:
A workers’ compensation lawyer plays a crucial role in ensuring your claim is handled effectively, maximizing your chances of receiving the full benefits you are entitled to, and providing support throughout the claim process.
While getting another job while on workers’ comp in NY isn’t outright prohibited, it comes with significant considerations and potential risks. The most important steps are to consult with your doctor and legal advisor, and always be transparent about your employment status with all relevant parties. If you’re contemplating taking up employment while receiving workers’ compensation benefits, contact us at Katz, Leidman, Freund & Herman. Our experienced team is here to provide you with the guidance you need to make informed decisions about your work and compensation.
]]>In New York, employers have specific legal responsibilities when it comes to reporting workplace injuries. Understanding these obligations is crucial for both employers and employees. Here’s an overview of what New York law requires of employers in the event of a work-related injury:
If an employee is injured at work, the first responsibility of the employer is to ensure the employee receives necessary medical attention. This could involve calling for emergency services or providing first aid.
Employers must keep detailed records of work-related injuries and illnesses. These records are important for compliance with state laws and may be requested by the Workers’ Compensation Board or other state agencies.
Employers are prohibited from retaliating against an employee for reporting a work-related injury or illness. This includes any form of punitive action like termination, reduction in hours, or demotion.
Assisting in the Claims Process: Employers should cooperate in the workers’ compensation claims process, which may include providing additional information about the injury and the circumstances surrounding it.
New York law requires most employers to have workers’ compensation insurance. This insurance covers the cost of medical care and rehabilitation for injured workers, as well as lost wages.
Failure to comply with these requirements can result in significant penalties for the employer, including fines and legal consequences. Both employers and employees in New York need to understand these responsibilities to ensure a smooth and lawful handling of any work-related injuries. For specific legal advice or assistance, contacting a knowledgeable workers’ compensation attorney is advisable.
In New York, the workers’ compensation system is generally designed as a no-fault system, which means that employees typically cannot sue their employers for work-related injuries or illnesses. Instead, they are expected to seek remedy through workers’ compensation benefits, which can cover medical expenses and lost wages. However, there are specific circumstances where additional legal action might be possible:
If an employer is legally required to have workers’ compensation insurance but fails to do so, an employee might have the option to sue the employer directly for injuries sustained.
In rare cases where an employer’s actions are intentional, malicious, or egregiously negligent, leading directly to an injury, there might be grounds for a lawsuit outside of the workers’ compensation system.
If an employer retaliates against an employee for filing a workers’ compensation claim, such as through wrongful termination or discrimination, the employee may have a legal claim against the employer.
In situations where a third party (not the employer) is responsible for the injury, the employee might have the right to sue this third party. For example, if a defective piece of equipment caused the injury, the employee might have a claim against the equipment manufacturer.
If an employer fails to report an injury as required by law, while the employee cannot typically sue for the injury itself, they might have legal recourse if the failure to report hinders their ability to receive workers’ compensation benefits. This can become a complex legal issue, and the specific circumstances of the case would determine the appropriate legal response.
Given the complexity of workers’ compensation laws and the potential for unique circumstances in each case, employees must seek legal advice. A workers’ compensation attorney can guide the best course of action, including whether any legal action outside of the workers’ compensation system is advisable or necessary.
Remember, each situation is unique, and the laws may change, so consulting with a knowledgeable lawyer who is up-to-date with the current laws and regulations in New York is essential.
There are exceptions where an injured worker might be able to sue their employer directly. These are rare and usually involve situations where the employer’s actions were intentional and harmful, such as gross negligence or malicious intent.
Navigating these complexities can be challenging, which is why seeking legal advice is crucial. A knowledgeable workers’ compensation lawyer can help you understand your rights and guide you through the process.
At Katz, Leidman, Freund & Herman, we understand the challenges you face when dealing with workplace injuries. Our experienced team is dedicated to ensuring that your rights are protected and that you receive the benefits and compensation you deserve. If your employer has failed to report your injury, or if you’re facing any other issues with your workers’ compensation claim, we are here to help.
Remember, every case is unique, and legal options vary based on individual circumstances. Contact us for a consultation, and let us guide you through your legal options to ensure your rights are upheld.
]]>Workers’ compensation is a form of insurance that provides medical benefits and wage replacement to employees who have been injured or become ill as a result of their job. While it varies depending on the jurisdiction and the specific circumstances, in general, workers’ compensation is meant to cover medical expenses and provide a portion of the injured employee’s wages while they are unable to work.
Understanding the intricacies of workers’ compensation and how it affects an employee’s pay can be confusing. At Katz, Leidman, Freund & Herman, we believe you have a right to know the ins and outs of workers’ compensation to protect your rights. In this article, we’ll break down the question of whether an employer must pay an employee while they are on workers’ comp.
Workers’ compensation provides crucial financial support to employees injured on the job. These benefits aim to alleviate the financial strain caused by workplace injuries and assist in the recovery process. The key benefits typically include:
These benefits are designed to support injured workers throughout their recovery, providing essential financial assistance and necessary resources during a challenging period.
Workplace injuries can put a pause on your work life, and your livelihood. This is where workers’ compensation steps in. However, the pay does not come from your employer, but from the insurance company that covers your workers’ comp. This means that you will not be paid by your employer while on workers’ comp, but will instead rely on the benefits provided by the insurance company.
Workers’ comp insurance in New York typically pays approximately two-thirds of your average weekly wage. These benefits are intended to replace a portion of your lost income while you’re unable to work due to your workplace injury. Seeking guidance from experienced workers’ compensation attorneys, such as those at Katz, Leidman, Freund & Herman, can help you navigate the complexities of these benefits, ensuring you receive the support you deserve during your recovery.
In most cases, employees injured on the job are covered by workers’ compensation insurance. Workers’ comp is a no-fault system, meaning you’re typically barred from suing your employer directly for workplace injuries, regardless of who was at fault. This is known as the principle of employer immunity.
There are situations where you may have the right to pursue legal action against your employer outside of the workers’ compensation system. These exceptions might include instances of intentional harm by the employer, situations involving gross negligence, or if your employer doesn’t carry workers’ compensation insurance as mandated by law.
While workers’ comp limits your ability to sue your employer, you might have grounds for a third-party lawsuit if a party other than your employer contributed to your injury. For instance, if your injury was caused by a defective product or the negligence of a subcontractor not employed by your company, you could potentially file a lawsuit against those parties.
Navigating workplace injury claims and potential lawsuits can be challenging. Consulting with experienced workers’ compensation attorneys, such as those at Katz, Leidman, Freund & Herman, can provide crucial insights into your legal options. We can assess the specifics of your case and determine the best course of action to pursue fair compensation for your injuries.
Deciding when to seek legal representation after a workplace injury is a crucial consideration. While not every case requires an attorney, certain situations strongly warrant legal counsel. Here’s an in-depth exploration of when hiring a lawyer for a workers’ compensation claim might be necessary:
If your injury is severe, leads to permanent disability, or requires long-term medical care, consulting an attorney is advisable. These cases often involve substantial medical bills, ongoing treatment, and potential loss of future earnings, necessitating expert legal guidance to ensure you receive adequate compensation.
When there are disagreements or disputes with the insurance company over the benefits you’re entitled to, an attorney can help navigate the complexities. They can advocate for your rights and ensure you receive the full extent of compensation owed.
If your workers’ comp claim has been unfairly denied or significantly delayed, legal representation is essential. An attorney can investigate the denial, gather necessary evidence, and appeal the decision on your behalf.
If you face employer retaliation, discrimination, or termination due to filing a workers’ comp claim, an attorney can protect your rights and pursue legal action against any unlawful practices by your employer.
Workers’ compensation laws can be intricate and vary by state. A lawyer well-versed in these laws can guide you through the process, ensuring compliance and maximizing your chances of a favorable outcome.
In cases where third parties contributed to your injury, such as defective equipment or negligence by subcontractors, an attorney can pursue third-party claims while handling your workers’ comp case, maximizing your potential compensation.
Many workers’ comp attorneys, including our firm, offer free initial consultations. Utilize this opportunity to discuss the specifics of your case with an attorney. Their insights can help you understand whether legal representation is necessary for your situation. Even in situations where you’re unsure if you need an attorney, consulting one can provide clarity. It ensures you’re fully aware of your rights and options, offering peace of mind during a challenging time.
Workers’ compensation typically covers disabilities resulting from work-related injuries or illnesses. The coverage for disability benefits can vary based on the severity of the disability and its impact on your ability to work. Here’s a comprehensive breakdown:
Temporary disabilities refer to injuries that hinder your ability to work for a limited period while you recover. During this time, workers’ comp benefits may provide financial support, usually covering a portion of lost wages. The duration of these benefits varies based on the injury and recovery time.
When an injury causes permanent impairment but allows you to continue working in some capacity, you may be entitled to PPD benefits. These benefits are calculated based on the degree of impairment as determined by medical evaluations and state-specific guidelines.
In severe cases where an injury renders you permanently unable to perform any gainful work, you may qualify for PTD benefits. These benefits aim to replace lost wages for the remainder of your life, considering the extent of the disability.
Workers’ compensation laws vary by state. Each state has its own guidelines regarding disability benefits, eligibility criteria, and compensation limits. Consulting a workers’ comp attorney familiar with your state’s laws is advisable to understand your entitlements.
At Katz, Leidman, Freund & Herman, we understand the difficulty and stress that come with workers’ compensation cases. Our experienced attorneys can provide detailed insight into your legal options and guide you through the process of seeking fair compensation for your injuries. We are committed to protecting your rights and pursuing justice on your behalf.
Contact us today for a free initial consultation to discuss the specifics of your case.
]]>This is where a workers’ compensation attorney can be a valuable asset. With their expertise in workers’ compensation laws, they can help you navigate the claim process, protect your rights, and ensure that you receive the maximum compensation you are entitled to. If you’re wondering how a workers’ compensation attorney can assist you, this article will provide you with the information you need.
At Katz, Leidman, Freund & Herman, our dedicated workers’ compensation attorneys play a pivotal role in advocating for individuals navigating the complexities of workplace injury claims. Here’s how our team assists you:
Our attorneys provide a thorough evaluation during the initial consultation. We assess the specifics of your case, including the circumstances of the injury and its impact on your work and life.
We offer comprehensive guidance through every step of the workers’ compensation process. Our team educates you on your rights, explains the legal procedures, and advises on the best course of action.
We assist in gathering pertinent evidence crucial to your case, such as medical records, accident reports, and witness statements. This meticulous documentation strengthens your claim.
Our attorneys engage in negotiations with insurance companies and employers to ensure you receive fair compensation. Should your case proceed to hearings or trials, we provide steadfast representation.
We work diligently to maximize your benefits, including compensation for medical expenses, lost wages, vocational rehabilitation, and disability benefits.
Beyond legal representation, we offer compassionate support. Our team understands the emotional and financial stress following a workplace injury. We stand by you throughout the process.
Our commitment at Katz, Leidman, Freund & Herman is to advocate tirelessly for your rights and secure the compensation you deserve following a workplace injury.
At Katz, Leidman, Freund & Herman, our attorneys are experienced and can support you through the legal process involving these cases:
Our team can help you review your case, discuss your options, and choose the course of action that will get the support you need. Call our firm at 646-439-3003 or contact us online to learn more.
At Katz, Leidman, Freund & Herman, we understand the pivotal moments when seeking legal representation can significantly impact your workers’ compensation claim. But how do you know when you need legal assistance?
If your workers’ compensation claim is denied or disputed by your employer or their insurance company, our experienced attorneys step in. We navigate the complexities, offering legal guidance to challenge denials and resolve disputes.
For injuries resulting in temporary or permanent disability that affect your ability to work, our team assists in securing appropriate compensation. We advocate for your rights to ensure you receive fair benefits for your disability.
Should your employer show reluctance to cooperate, retaliate against you for filing a claim, or threaten termination, seeking legal counsel is crucial. Our attorneys protect your rights against any form of employer retaliation.
Navigating the workers’ compensation process can be intricate. If you’re unsure about the legal steps, deadlines, or documentation required, consulting with our knowledgeable attorneys can alleviate the confusion.
Working with our attorneys ensures you maximize the benefits you rightfully deserve. We analyze your case comprehensively to secure compensation for medical bills, lost wages, rehabilitation, and other entitlements.
Having a legal advocate from Katz, Leidman, Freund & Herman by your side provides peace of mind. Our compassionate team offers support, guiding you through the legal complexities while focusing on your recovery.
At Katz, Leidman, Freund & Herman, our experienced attorneys are well-versed in addressing various reasons for workers’ compensation claim denials. Understanding these common denials is essential:
Employers or insurance companies may deny claims if injuries are not reported promptly. Our attorneys emphasize the importance of reporting workplace injuries immediately to ensure timely documentation.
Some claims are denied due to disputes regarding whether the injury occurred in the workplace or is work-related. Our legal team assists in providing evidence to establish the causal link between the injury and work duties.
Insurance companies might attribute injuries to pre-existing conditions, leading to claim denials. We work diligently to demonstrate how work exacerbated or worsened pre-existing conditions, making them compensable.
Claim denials can occur if individuals fail to seek medical treatment or follow prescribed care. Our attorneys emphasize the importance of adhering to medical advice to avoid potential claim denials.
Workers’ compensation claims have specific deadlines for filing. Missing these deadlines can result in claim denials. Our team ensures all required paperwork and filings are completed within the stipulated timeframes.
Insufficient or inconsistent evidence/documentation can lead to claim denials. Our attorneys gather comprehensive evidence, including medical records and witness statements, to support your claim.
At Katz, Leidman, Freund & Herman, we advocate vigorously to challenge these common denials and ensure that your rights are protected throughout the workers’ compensation claim process.
If you have been injured at work, the sooner you contact an attorney, the better. However, if you are reluctant to seek legal assistance, don’t worry. We can still help you recover financially and obtain the benefits to which you are entitled.
At Katz, Leidman, Freund & Herman, we understand that a workers’ compensation claim can be daunting. Our attorneys have years of experience with the process and are dedicated to helping you obtain the maximum settlement possible. Contact us today to discuss your legal options.
]]>In order to do this, they must first file a petition with the New York Workers’ Compensation Board to modify or end your existing benefits. Once they do, you should receive a letter explaining what’s happening and why it’s happening.
You also have the right to file a Notice of Petition to preserve your benefits.
Employers often start taking steps to build a case for the reduction or elimination of benefits before they act.
The two most common steps are calling for an Independent Medical Exam (an IME) or calling for an Impairment Rating Evaluation. An Impairment Rating Evaluation exists to determine how impaired or disabled you really are.
These evaluations are most often performed by doctors who insurance carriers pay to issue opinions that favor their goals and bottom line.
There are several reasons why employers might take such a step, including:
While the burden of proof will be on the employer, you should still speak to a New York workers’ compensation lawyer right away if you are in danger of losing your benefits, especially if you still genuinely need them.
The best thing you can do is to contact an attorney right away. At this point, it is unlikely that you will be able to advocate for a restoration of benefits on your own successfully. Workers’ compensation law is quite complex, and you’ll be required to file responses, attend hearings, and navigate the legal process. Your employer and their insurance carriers will certainly have lawyers to try to push their agenda; you need one to defend your interests.
Our team has helped thousands of New Yorkers preserve their benefits. If your benefits are in trouble, contact us to schedule a free consultation today.
See also:
When Do You Need a Lawyer for a Denied Workers’ Compensation Claim?
]]>Yet, as any worker who has gone through the process will tell you, workers’ compensation does not always cover all of the worker’s expenses. This is why, any time a third party is involved in an accident, many workers will seek to launch a third-party personal injury lawsuit alongside their workers’ compensation lawsuit.
This can happen when the worker is a driver who got into an accident with another third-party driver while on the job or in construction, which involves multiple third parties in the process.
For the most part, that third party’s insurer must absorb the costs without requiring reimbursement from the employer. Workers’ Compensation Law 11 is the exception to this rule.
This law is also known as the “Alternative remedy” law.
“An employer shall not be liable for contribution or indemnity to any third person based on liability for injuries sustained by an employee acting within the scope of his or her employment for such employer unless such third person proves through competent medical evidence that such employee has suffered a “grave injury.”
A “grave” injury means:
The law also says that an employer is not immune at all if the employer fails to seek workers’ compensation coverage in the first place or allows coverage to lapse and may therefore be held liable in a personal injury suit just like any other liable party.
Mostly, this law does not impact an injured employee directly. The injured employee takes their payout and lets the two big corporations have their own battle over who pays for it. Nevertheless, an injured employee may be required to testify about their experience to the benefit of one party or the other.
However, the specter of Workers’ Compensation Law 11 could spur employers or workers’ compensation insurers to deny, delay, and downplay injuries more than they would normally, all in the hopes of avoiding this extra expense.
If you are struggling with a workers’ compensation claim or have any additional questions about how complex laws may impact your case, contact us. We’re experienced New York workers’ compensation lawyers who will be happy to help you navigate your case and bring it its best possible outcome. We can also help with any third-party personal injury claim that might arise.
See also:
When Do You Need a Lawyer for a Denied Workers’ Compensation Claim?
Claiming Workers Compensation Death Benefits in New York
What’s the Difference Between Workers’ Compensation Cases and Personal Injury Cases in New York?
]]>Simply reporting the injury right after it happens isn’t always going to be enough. Here are a few ways you can strengthen your case by providing evidence.
Some workers make the mistake of attempting to brush off the injury. Attempting to get on with your day is admirable, but it can create problems in the long run.
When you don’t get help immediately, you send the message that you weren’t hurt that badly. You also muddy the chain of events. Once you leave the workplace, it becomes harder to say whether the problem was work-related.
Remember, it sometimes takes hours for people to feel the full effects of an injury. Even a broken arm isn’t always obvious; endorphins flood the system, and it can seem like a bad bruise until you wake up 8 hours later in excruciating pain.
Go to the doctor immediately, even if you don’t go to the emergency room.
In one regard, a workers’ compensation case is like a personal injury case: if possible, you’ll want to take photos. Take as many as possible.
Photos show you’re on the job at the moment you’re taking the photo. They show the conditions surrounding your injury. You can also take photos of the injury itself.
Ask someone else to take photos if you don’t have your phone because your job prohibits it.
You can’t count on everyone who saw the accident being available through work throughout the duration of your case. Get the personal numbers and addresses of any co-workers who saw the accident.
If any clients, customers, vendors, or other third parties saw the accident, get their names and numbers as well.
If there are surveillance cameras, note their locations and their existence. If your accident is serious, it may be a good idea to retain a lawyer to get that footage immediately. Otherwise, your company might erase it either as a matter of routine or to eliminate evidence of your accident.
If you don’t think you’ll need a lawyer yet, snap a photo of each camera so your lawyer knows the cameras are there. In many cases, it might not matter if you wait; your employer might also retain the footage for their own purposes.
Your time cards serve as evidence of your presence on the job. Your medical records serve as evidence of your injury, and the type, severity, and probable cause of your injury can also serve as evidence.
Our team of attorneys is excellent at helping you gather all the evidence you could possibly need to show that you have a valid claim.
If you’re struggling to get the benefits you deserve, call us to schedule a free consultation. We’ll help you fight your employer.
See also:
How Pre-Existing Conditions Impact Your New York Workers’ Compensation Case
When Do You Need a Lawyer for a Denied Workers Compensation Claim?
How to Maximize Your New York Workers’ Compensation Settlement
]]>That’s not to say a pre-existing condition won’t complicate your claim. It will. This is merely an assertion that you have some legal rights in this situation.
Injuries qualify for workers’ compensation only when they arise “out of and during employment.”
If the issue is that the job exacerbated a pre-existing condition, you can expect employers to claim one of the following.
You must be prepared for these claims.
In addition, you’ll receive less money under workers’ compensation than you would have if you were dealing with a fresh, new condition. The New York Workers’ Compensation Board may “apportion” your benefits, decreasing them based on the percentage of responsibility attributed to the employer.
However, it is absolutely vital that you do not conceal pre-existing conditions either from your doctor or from your employer. Doing so could open you up to accusations of insurance fraud.
You’ll be entitled to full, standard workers’ compensation benefits, though you should expect the employer to do their very best to link the pre-existing condition to your new injury unless it would be patently ridiculous to do so.
They’ll do anything they can do to pay you less money.
Workers’ compensation will divide your claim between the two injuries when this happens. This could also mean a reduction in your current claim.
As you can see, workers’ compensation cases can grow very complicated very quickly. If your case involves any complex factors, such as a pre-existing condition, it’s important for you to work closely with a workers’ compensation law firm like ours.
Contact us to schedule a free consultation today.
See also:
When Do You Need a Lawyer for a Denied Workers’ Compensation Claim?
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