Our Long Island Workers Compensation Lawyers Help Injured Workers Recover Compensation in All 5 Boroughs and Upstate New York
Jobsite injuries are common across New York City, throughout New York State, and across the country. However, if an employer has workers compensation insurance in place, employees that are hurt while performing job-related tasks are entitled to benefits. Anyone who has suffered a personal injury related to a job task has the right to speak to a New York or Long Island workers compensation lawyer. Turley Redmond & Rosasco, L.L.P. is ready to stand by your side and protect your rights. Contact us today to discuss your options and due benefits during a free consultation. We serve clients in Manhattan and Long Island — including Nassau County and Suffolk County.
What Is Workers’ Compensation?
Workers’ compensation is an insurance program that provides a fixed set of benefits to individuals who suffer work-related injuries and illnesses. Every state, including New York, requires almost all employers to carry workers’ compensation insurance to cover their employees’ losses from illnesses and injuries sustained on the job. One of the hallmark features of the workers’ compensation program is that, with very few exceptions, injured workers are eligible to collect benefits regardless of whether they or their employer were at fault for their injuries. Workers’ compensation is thus known as a “no-fault” program, eliminating the need for injured employees to prove that their employers were negligent or otherwise at fault in causing their injuries.
We represent many types of injured workers, including:
- Delivery drivers, including furniture, food, vending machine, UPS, FedEx, and appliance delivery
- Construction workers
- Truck drivers
- Retail workers
- Healthcare workers
- Bus drivers
- Ambulance drivers
- City workers
- Police officers & Firefighters
- Cab drivers
- Garbage truck drivers
- Tunnel & railroad workers
- Remote employees
- And more…
What Counts as a Job Accident in New York?
The workers’ compensation program takes a broad view of the term “workplace accident” and provides benefits for workers who are injured in almost any kind of accident. Some of the most common work-related accidents, illnesses, and injuries in New York City and Long Island include:
- Slips and falls
- Machinery malfunctions
- Falling objects
- Repetitive strain injuries
- Crashes and collisions
- Cuts, bruises, and lacerations
- Hearing loss from exposure to loud noises
- Occupational diseases
New York State Workers’ Comp Benefits For Claimants
Workers who are injured on the job may be entitled to benefits such as:
- 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 a job accident lawyer at any point in the process. Our workers compensation 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. After that:
- 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.
A workers comp lawyer from Turley Redmond & 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.
Your Employer’s Responsibilities in a Workers Compensation Claim
Your employer must follow the rules outlined by the New York Workers’ Compensation Board. Your employer is responsible for maintaining a safe work environment, but you are entitled to recover compensation regardless of fault. Although your employer may face other repercussions for workplace safety violations and equipment, you cannot be denied coverage for your injuries based on this factor.
Your employer is responsible for filing forms and for cooperating with its insurance company and the New York Workers’ Compensation Board. To protect your interests, our workers compensation law firm checks that your employer is complying and takes action if it is not.
Our New York and Long Island Workers Compensation Lawyers Advise You to Cooperating with the Insurance Company
Being questioned about your accident and injuries is frustrating. It is important to understand that the insurance carrier’s questions are normal. You should cooperate while also protecting your rights. Often, insurance companies question the nature of the injury or whether the injury is related to a job accident. To assess your injury, the carrier may ask that you submit to an independent examination with a doctor of its choice. This does not mean you are being forced to switch doctors; rather, the insurance company is verifying the diagnosis, course of treatment and prognosis for recovery as reported by your doctor.
Insurance companies commonly investigate the link between the injury and the accident. Some cases are more straightforward, such as a chef who cuts her hand while preparing food at the restaurant. Other cases may require more substantiation, such as a salesperson who crashes his car while on a call. Our work related injury lawyers makes a compelling argument, backed by evidence, to link your injuries to a job-site accident.
Our Workers Comp Lawyers Will Take the Time to Answer Your Questions at Our Offices in Nassau and Suffolk County
You’ve had an accident at work. Aside from the pain, you have many questions and concerns that a Long Island workers’ comp lawyer can answer.
What should I do if I’m injured at work?
Your most important course of action after suffering an injury in a workplace accident is to first obtain medical treatment from an approved provider who is authorized by the Workers’ Compensation Board. You should notify your employer about your injury in writing as soon as possible, as injured employees who wait longer than 30 days to report their injuries may lose their right to collect workers’ compensation benefits. You should then file your claim for workers’ compensation benefits by completing Form C-3 and mailing it to the nearest office of the Workers’ Compensation Board.
How do I report this to my employer?
You must notify your supervisor, or someone in authority, about your injury within 30 days of the accident. It is best to provide written notice, however, oral notice is acceptable. There are some exceptions to this requirement which an attorney can explain to you.
Can I go to my own doctor?
You may seek treatment for your work-related injury with any health care provider authorized by the New York State Workers’ Compensation Board. Healthcare providers include physicians, chiropractors, hospitals and walk-in clinics.
Who pays the medical bills?
So long as your claim is accepted, the employer or the employer’s insurance company is responsible for payment of your medical expenses related to the on-the-job injury. There are no co-payments or deductibles. You should never pay a health care provider for treatment rendered in connection with a work-related injury.
What cash benefits do I get under workers’ comp if I am out of work?
There is a seven day waiting period before cash benefits become payable. However, if the disability extends past fourteen days, benefits are payable from day one. If an injured worker is totally disabled as a result of a work-related injury, he or she is entitled to two-thirds of his or her average weekly salary for the year preceding the accident date. There is a cap, or maximum benefit payable, depending upon the accident date. If the injured worker is determined to have a partial disability, varying rates may apply.
Will I lose my job if I file a workers compensation claim?
It is unlawful for an employer to terminate an injured worker in retaliation for filing or attempting to file a workers’ compensation claim. A claim may be filed by preparing and signing Workers’ Compensation Form C-3 and filing it with the New York State Workers’ Compensation Board within two years of the accident date or onset of occupational illness. This can be done through the mail, via fax, electronically or by dropping the form off at any local office of the New York State Workers’ Compensation Board. You should always obtain proof that you filed the C-3 Form.
Do I need a Manhattan or Long Island workers comp lawyer?
The workers’ compensation system has become increasingly complex in recent years. An experienced workers’ comp attorney will help you navigate the waters and sort through the sea of paperwork you will receive throughout the course of your claim.
How much does a workers compensation attorney cost? Lawyers’ fees are set by the Workers’ Compensation Judge assigned to your case and are based upon services rendered by the attorney. There is no fee unless the lawyer is successful in obtaining cash benefits for you.
Do I have to pay anything upfront to my workman’s compensation lawyer? (The answer is “No!”)
No. All fees are subject to the approval of the Workers’ Compensation Board. It is unlawful for an attorney to demand or accept upfront money from an injured worker in a workers’ compensation claim in New York City, Nassau County, Suffolk County or any other area in Long Island.
Recover Your Rightful Benefits – Contact a Long Island Worker’s Comp Lawyer Now
Any worker who experienced in injury performing job-related tasks will naturally have questions regarding their rights and workers’ compensation claim options. The good news is that with one toll-free phone call, a workers comp lawyer at Turley Redmond & Rosasco, L.L.P., can provide you with the answers.
Our firm has been helping injured workers in New York City, Long Island, and the surrounding areas for more than 25 years. On a daily basis, our lawyers represent clients at administrative hearings before judges of the New York State Workers’ Compensation Board, and negotiate their settlements with insurance companies and employers. Contact a workers’ comp lawyer today to discuss your legal options during a free, no-obligation consultation. We can be reached at 1-800-671-4927 or online. Our workers compensation lawyers look forward to helping you recover your just workers’ comp benefits and have convenient office locations in Suffolk County (Shirley and Ronkonkoma) and Nassau County (Garden City).