Under the New York workers’ compensation laws, there are only two prerequisites to eligibility for workers’ compensation benefits—you must have suffered an injury and you must have been working at the time. Implicit in the second requirement is the finding that you were an employee of the company from who you seek benefits. Here are answers to some frequently asked questions about who qualifies as an employee for workers’ compensation purposes.
When you’ve been hurt on the job in New York, you have a right to file a workers’ compensation claim for benefits to cover lost wages and income, as well as any medical expenses incurred. Is that your only legal recourse? Let’s look at some of the other types of benefits or compensation and determine if they affect your right to workers’ compensation benefits.
When you’ve been hurt on the job, your first course of action will typically be to hire an experienced workers’ compensation attorney and file a workers’ compensation claim. You may be uncertain if your claim is covered.
Under the New York workers’ compensation laws, there are two requirements to qualify to payment of benefits. You must have been injured and the injury must be work-related. Let’s look at some situations where there may be questions about whether your injury occurred at work.
You’ve suffered a needless injury on the job and know that you have a right to seek workers’ compensation benefits, but you have a lot of questions about the legal process. Here are answers to some of the questions our clients often ask us.
After suffering an injury on the job in the State of New York, you have a right to pursue benefits to cover certain losses, from wages and income to necessary and reasonable medical expenses, as well as compensation for any permanent losses (amputation or other permanent injuries) and for vocational rehabilitation. But who are the parties to a workers’ compensation proceeding? Are all workers eligible for benefits and must all employers provide workers’ compensation benefits to qualified workers?
When you’ve been hurt on the job in New York, you have the right to seek benefits to cover your lost wages and income, so that you can continue to meet your financial obligations and provide for your family. In addition, you are entitled to reimbursement or payment of certain medical expenses.
It’s a common misperception that most people who are receiving workers’ compensation benefits either had their initial petition approved by the workers’ compensation insurer or successfully appealed a denial. The reality is that most workers’ compensation claims in New York are settled—the injured worker frequently agrees to take a lump sum in exchange for waiving the right to receive benefits for a period of time or until capable of returning to work.
Common Questions about Your Right to Medical Treatment after a Work Injury
In the aftermath of a workplace injury, when you’ve filed for workers’ compensation benefits, you have a right coverage for any medical treatment or attention that is required because of your injury. What does that include? What are your rights with respect to medical treatment? Here are some of the most frequently asked questions about medical treatment after an injury on the job.
If you’re a licensed attorney in the state of New York, but you don’t handle workers’ compensation claims, you still want to be able to give your clients direction if they’ve been hurt on the job.
Common Questions about Your Choice of Medical Care after a Work-Related Injury
When you have been hurt, in any type of an accident, you want care from a qualified and competent professional. If you can get treatment from someone you know and trust, that’s even better.
Answers to Common Questions about Workers’ Compensation
If you’re an attorney or lawyer whose practice doesn’t include work-related injuries, you may have a client who’s been hurt on the job, but who either wants to save money or thinks the claim is so straightforward that legal counsel isn’t necessary.
FAQs—Helping Medical Professionals Understand Workers’ Compensation Claims
Answers to Common Questions about Workers’ Compensation
When you are a doctor and have a patient come to you claiming to have been injured on the job, it can be extremely helpful to have a basic understanding of the workers’ compensation laws and process. Here are some frequently asked questions about workers’ compensation that have medical implications.
When you have been hurt on the job, the first thing you always need to do is seek medical care. But your doctor plays a key role in more than your physical recovery—your doctor is also an important player in your workers’ compensation claim.
Under the New York workers’ compensation laws, when you have suffered a workplace injury or have contracted a disease related to your employment, you have the right to file a workers’ compensation claim and to get payment for certain medical expenses. What types of medical bills are covered?
If you’re an injured worker seeking benefits to cover lost wages or unreimbursed medical expenses, or you’ve developed an illness because of a jobsite exposure to toxic materials, it’s critical that you retain a lawyer with extensive knowledge, skill and experience handling workers’ compensation and workplace injury claims.
Why You Need an Independent Exam and How You Can Prepare for One
As a general rule, when you’ve suffered a workplace injury, the first place you’ll go for treatment or diagnosis will either be to the hospital, an urgent care facility or to your own personal physician. In some instances, your employer may accept the medical opinion of that care provider, approving your claim.
If you are starting a new business in New York, one of the most important issues you need to address is workers’ compensation insurance. It can be a pretty confusing subject, so we’ve put together a couple pages of frequently asked questions to help you understand your rights and responsibilities.
In the state of New York, most employers are required to provide workers’ compensation benefits to injured workers. This two-part series looks at frequently asked questions for employers about meeting their obligations under the state’s workers’ compensation laws. To learn more about who must obtain workers’ compensation insurance, see part one of this series.
According to research, as many as 3,000 people in the United States are diagnosed with Mesothelioma every year. The only known cause of Mesothelioma is exposure to asbestos. The World Health Organization estimates that as 125 million people around the world have been exposed to asbestos in the workplace. It’s also believed the more than a million workers in the United States are still being exposed to asbestos and at risk of contracting Mesothelioma.
Between 1968 and 2002, almost 75 million American death certificates listed silicosis as either the underlying or a contributing cause of death. Even though the mortality rate tied to silicosis has dropped by more than 90% since the late 60s, OSHA still estimates that millions of workers are exposed to dangerous levels of silica on the job, from construction to mining to agriculture.
The common perception is that workers’ compensation claims arise when someone is involved in a work-related accident. Often, however, one of the most debilitating conditions may stem from environmental conditions—from substances present in the building, rather than from a specific incident.
For decades, many builders and manufacturers in the United States incorporated asbestos into a wide array of products. Asbestos offered a number of attractive features, particularly as insulation for heat and sound. In addition, it was non-corrosive and fire resistant.
Though many job-related injuries are caused by traumatic accidents—a machine breaks down or malfunctions or something falls on you—there are other injuries, often more debilitating, that can result from seemingly harmless activities, such as bending, sitting or standing.
If you live in the New York City metropolitan area, you know there’s no place like the borough of Queens. With more than two million residents, it trails only Los Angeles, Chicago and neighboring borough Brooklyn among the largest cities in the country.
When you have been hurt at work, you have a right to seek workers’ compensation benefits, designed to cover lost wages, as well as any medical expenses resulting from the injury. But the workers’ compensation laws can be confusing and complex. You may not know your rights or where you start to get the benefits you need.
Queens—it’s the largest of the five boroughs of New York in terms of sheer geographical expanse, and, with nearly 2.5 million residents, it would be the 4th largest city in the nation if the five boroughs were separate cities (behind Los Angeles, Chicago and neighboring borough Brooklyn, in case you’re wondering).
It’s no secret that the borough of Queens is one of the most ethnically diverse communities anywhere on the planet. For anyone who loves great food and wants to try something different, it’s a virtual paradise. It probably comes as no surprise that there are more than 1,600 Italian restaurants alone in Queens! From street vendors to five star eateries, from food trucks to bistros, your choices are virtually endless.