Hiring a workers’ compensation attorney in New York can be invaluable when navigating the state’s complex legal system. Find out how a workplace injury lawyer guides you through the process and the benefits you stand to gain by hiring legal help. This guide reveals everything you need to know about filing for workers’ comp in New York, including ways to maximize your payout.
How New York Handles Workers’ Compensation Claims
Employers across all sectors must provide required workers’ compensation coverage for their staff. This program acts as a financial safety net should anyone sustain a workplace injury or illness that keeps them off the job. Eligible employees can receive a portion of their wages despite missing work and also have the insurance cover their associated medical costs.
New York has a no-fault system, meaning that injured employees don’t have to prove their employer’s negligence. They can receive benefits as long as they prove their accident or injury happened while working.
Are You Eligible for Payment After a Workplace Injury?
New York workers can collect financial benefits if they injure themselves on the job. Workers’ compensation lawyers assist people across several industries, though some are at a higher risk of workplace harm.
According to the Insurance Information Institute, 24% of all private-sector illnesses and injuries occur within the service industry. Those who work in transportation are also at significant risk. Data shows that 22.4% of reported injuries impact transportation employees.
Perhaps you’re a delivery driver and collide with another motorist during your workday. If you have whiplash or other injuries due to the crash, you can collect insurance benefits. If the accident happens while you’re off the clock, however, you may be ineligible for workers’ comp.
Don’t be afraid to consult a lawyer for workplace injury claims if you believe you’re eligible. The American Public Health Association reports that less than 40% of eligible employees file a workers’ compensation claim. Many people fear retaliation from their employer, but a legal professional can help you understand your rights.
How To Maximize Your Benefits: Tips From a Workers’ Compensation Attorney in New York
The average workers’ comp settlement ranges from $24,831 to $90,914 according to the National Council on Compensation Insurance. The amount you receive depends on the scope of your injuries as well as your actions during the claims process.
Learn how to maximize your payout with the following tips from a reputable workplace injury lawyer:
- File your claim promptly: Waiting too long to file a workers’ comp claim can lead to unnecessary delays and possible denials.
- Keep track of all documents: Keep receipts and invoices of all injury-related expenses and bring them to an office injury attorney. They’ll argue that you need reimbursement for medical expenses, transportation to doctor’s appointments, and other similar costs.
- Follow your doctor’s care instructions: Failing to abide by your doctor’s orders, such as skipping physical therapy appointments or returning to work too early, could hurt your claim. Always listen to your healthcare providers and stick with their treatment plan.
- Ensure accuracy and consistency: Problems arise when hurt employees don’t present their cases with total accuracy or consistency. Have a workplace injury lawyer guide you through this process to avoid common obstacles and recover maximum benefits.
Lean On Lawyers for Claim Disputes
It certainly helps to have a workers’ compensation lawyer in New York assist you with filing your claim. However, a workers’ compensation attorney is even more beneficial if your case hits a snag. Insurance disputes bring your injury into question as a way to minimize the amount you can collect.
Your attorney will represent you as the case goes before the state’s Workers’ Compensation Board. They’ll compile evidence supporting your claim and argue for a fair settlement based on your medical costs and disability.
For example, say you work for a moving company and sustain a serious back injury because of lifting heavy objects on the job. A workers’ comp. lawyer recognizes the physical toll the workplace had on your body and will use the following evidence to strengthen your case:
- Medical records outlining your injury
- Testimonios de testigos
- Professional opinions
Fighting your employer or insurance companies yourself is a tall task. Make sure you have legal representation every step of the way to streamline the process and alleviate the burden.
Your Benefits May Extend Beyond Financial Compensation
Let’s say someone works at a nightclub or other entertainment venue. If they fall and hit their head while on the job, they can file a claim to cover their medical expenses. What happens when it’s time to return to work?
In this example, the injury and the job environment present major challenges for the employee. Head injuries like concussions present symptoms like sensitivity to light and noise, which makes a loud venue with bright spotlights unsuitable for the injured staff member.
A workers’ compensation lawyer may assist with obtainging modified working conditions when their client is ready to return to their job. They’ll negotiate with employers so injured staff members have a smooth transition back to work, including:
- Adjusting schedules
- Completing tasks that won’t harm one’s health or safety
- Agreeing on a return date when someone is medically ready
Your employer may be less inclined to accommodate you if you handle negotiations yourself. It’s vital that you have a reputable attorney on your side to maximize your benefits both financially and when you’re ready to return to work.
Consult a Workers’ Compensation Lawyer New York Residents Trust
Don’t settle for less than you’re entitled to in a workers’ comp case. Team up with an experienced workplace injury lawyer and let them advocate for you. At Pyrros, Serres & Rupwani, our knowledgeable attorneys handle complex employee injury cases and know how to handle claim disputes and other legal challenges.
Join the growing list of New Yorkers who rely on our legal services to seek fair compensation for their injuries. Call (718) 626-7730 today to schedule a consultation; we’re standing by and ready to help.
Preguntas frecuentes
Do you want to learn more about workers’ comp before bringing your case to an on-the-job accident attorney? Our industrial injury lawyers answer common client questions below.
How Long Do Workers’ Comp Settlements Take?
The timeframe for settlements depends on whether claims are denied, appeals occur, or the case goes to trial. File your claim soon after your injury to expedite the process and improve your chances of receiving a fair settlement or resolution of your claim.
When Can I Receive a Portion of My Lost Wages?
The New York State Workers’ Compensation Board states that lost wages are available when your injury causes you to miss at least seven days of work. You can also receive lost wages if you face reduced pay and work fewer hours directly because of your condition.
What Injuries Typically Cause Employees To Miss Work?
According to the National Safety Council, exposure to harmful substances or contagious viruses causes 28% of employees to miss work. Overexertion injuries impact 23% of workers, while slip-and-fall accidents affect 20% of the workforce.
Why Do I Need a Lawyer for Workplace Injury Claims?
You need a workplace injury lawyer because they understand the system’s complexities, such as the rules regarding workers’ compensation and pre-existing conditions. Legal professionals can assist you with filing a claim and advocate for you to receive a fair settlement for your pain and suffering.
