New York Workers' Compensation Rights And The Claims Process

Representing Injured Workers Of Queens And Long Island

If you are injured on the job, you are entitled by law to receive workers' compensation benefits. These may include lost wages, medical care and reimbursement for certain accident-related expenses. However, you may encounter resistance or an outright denial from your employer or the insurance company when you bring a workers' comp claim. Without an experienced workers' compensation lawyer, you may get shortchanged by the complicated workers' comp system.

At the law firm of Turley Redmond Rosasco & Rosasco, L.L.P., we sit down with you to address all your questions and concerns. After taking the time to understand your situation, we put in the time to get you the best result in your case. In 25-plus years, we have won tens of many millions of dollars for thousands of injured and disabled workers in Queens and on Long Island.

New York State Workers' Comp Benefits For Claimants

Workers who are injured on the job may be entitled to:

  • Weekly cash disability benefits — If you cannot work, you may receive weekly benefits equal to two-thirds of your average weekly wage. This amount should be computed from ALL earnings, including overtime, bonuses and second jobs.
  • Medical benefits — Your employer must pay for reasonable and necessary medical care, including emergency room visits, hospital care, doctor visits, diagnostic testing, medications, medical equipment, physical therapy and rehabilitation.
  • Schedule Loss of Use (SLU)— You may be entitled to an additional cash award for loss of limb — even if you have not lost time from work, if you have suffered a permanent injury to a shoulder, arm, elbow, wrist, hand, finger(s), hip, leg, knee, ankle, foot or toe(s). You may also receive an SLU award for a permanent loss of vision, loss of hearing or facial disfigurement. The amount of the cash award depends on the body part and the degree of permanent disability.
  • Lump sum Section 32 settlements — You and the workers' compensation insurance company may decide that a lump sum buyout of your entire claim is in your mutual best interests. These lump sum buyouts are called "Section 32" Settlements and are frequently negotiated after a worker has completed the majority of his or her medical care or reached maximum medical improvement. In some cases where an injured worker needs ongoing lifetime medical care, a buyout of only one's weekly cash benefits can be negotiated so that medical insurance is preserved. Our lawyers can help you make an informed decision and, if you wish to settle, negotiate your Section 32 agreement.
  • Death benefits — If a worker is killed on the job or dies from complications of a job injury, his or her family members can collect benefits based on the average weekly wage.

You have the right to hire an attorney at any point in the process. Our lawyers do not — in fact, cannot — collect any payment upfront. Our fees are paid from your eventual benefits award or settlement, at a rate determined by statute or a workers' comp judge based upon what is fair and reasonable. Because workers' compensation claims are smaller than most other accident claims, you will never pay a typical attorney fee of one-third to your workers' compensation lawyer. Legal fees are more often in the 15 percent range depending on the amount of work involved in your claim.

The New York Claims Process For Injured Workers

When you are injured at work, you have an obligation to report the accident to your supervisor or employer within 30 days. Your employer then must report your accident to its workers' compensation insurance carrier and the New York Workers' Compensation Board (WCB) within 10 days of your notification on an official C-2 form (Employer's Report of Work-Related Accident). You then have a full two years to file your claim directly with the New York State Workers' Compensation Board on an official C-3 form (Employee's Report of Work-Related Injury or Illness). However, we strongly recommend that you file a C-3 as soon as possible after your accident so that your rights to compensation and medical benefits are fully protected. You can also complete and file the C-3 form online. Our office files all our clients' claims electronically to speed their receipt of cash and medical benefits.

After your accident, your first concern will be medical treatment. In New York State, you can choose to see any doctor you want as long as that doctor takes workers' compensation insurance and has the proper credentials from the WCB. In some cases, you may see multiple doctors at the same time for the same injury. For example, an injured claimant with a back injury could be seeing an orthopedic surgeon, a neurologist and a chiropractor at the same time. It is important to see your physician(s) regularly (at least once every 45 days) while you are out of work and recuperating in order to maintain your cash benefits.

The workers' compensation insurer, or one of its representatives, nurses and/or investigators, may contact you after your accident. We recommend that you do not speak to them directly, as this may hurt your claim. This is a good time to call an experienced workers' comp lawyer to learn your rights. The work injury attorneys of Turley Redmond Rosasco & Rosasco will be glad to guide you through the process and fill out all forms to protect your rights to the compensation you deserve. We can explain every issue that may come up in a workers' comp claim, including how much money you will be entitled to receive, your medical benefits, pre-existing conditions, denial of treatment, termination of benefits, return-to-work issues, permanent disability cash awards and workers' compensation settlements.

Experienced And Aggressive Queens Job Accident Lawyers

At Turley Redmond Rosasco & Rosasco, L.L.P., you can trust our attorneys to listen to you first before recommending a course of legal action. Unlike some other lawyers who love to hear themselves talk (blah, blah, blah), we pride ourselves on getting to know our individual clients at our initial in-office consultation. Many law firms will just send you forms, and you may never meet an attorney!

The information above is a brief summary of your rights to workers' compensation and the process involved in New York workers' compensation claims. For more information, please see our frequently asked questions pages or call us to talk about the facts of your specific case in a free consultation.

Call the TRRR firm toll free at 800-671-4927 or contact us online. We have six convenient offices across NYC and Long Island.

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