Have you experienced an injury at work in Queens, NY? You likely qualify for workers’ compensation and insurance benefits that can pay for your medical bills and time off work.
Workers’ comp can be confusing, but our workers’ compensation lawyers in Queens are here to walk you through it. We’ll provide you with personalized legal guidance to help you secure the compensation that you deserve which can help you move forward from your accident.
Contact Pyrros, Serres & Rupwani today at 718-626-7730 for your free consultation with a Queens workers’ compensation attorney.
Workers’ compensation is a type of insurance that virtually all New York employers must offer their employees. This insurance compensates workers who experience injuries or illnesses while completing their job duties.
Workers’ comp is a no-fault system. When you file a workers’ compensation claim, you aren’t suing your employer for your injury or illness. You can seek workers’ comp even if you were technically at fault for the injury, as long as it happened while completing your job duties.
Through a workers’ comp claim, you can seek cash benefits and/or medical care for the injury or illness you suffered on the job. This benefit will also help pay your lost wages during recovery.
The New York Workers’ Compensation Board processed 161,808 claims in 2022, and the ten industries that filed the majority of claims are as follows:
If you were injured at work, a workers’ compensation attorney in Queens can help you seek compensation.
Follow these steps to submit a workers’ compensation claim in New York:
The first step in filing a workers’ compensation claim is ensuring you’re eligible. You’re likely eligible for this benefit if your injury or illness happened while completing your job duties. You may not qualify if:
Your workers’ compensation lawyer in Queens can help you determine your eligibility and avoid spending time on a claim you don’t qualify for.
You should notify your employer of your injury or illness as soon as possible. If you don’t notify them within 30 days, you may not be eligible for workers’ compensation.
Be sure to give your notice in writing, as doing so can provide written evidence that you notified your employer before the deadline.
Your next step is to fill out the C-3 employee claim form online. You’ll need to provide details about the injury and your employment information, including:
Your employer must notify their workers’ compensation insurance provider within ten days of your injury or illness or the date you told them about it. If your employer exceeds this deadline, they may face penalties or fines.
Within 14 days of your employer notifying the insurance carrier, the insurer will give you a written Statement of Rights detailing the benefits you can claim and your rights under workers’ compensation law.
You can expect your workers’ comp payment of benefits to begin within 18 days of your injury or ten days of learning about the injury. However, there’s a good chance the insurance company will delay processing your claim or may deny the claim.
Your workers’ compensation lawyer in Queens can help you appeal any denials and streamline the claims process. The Worker’s Compensation Board strives to process appeals quickly; in January 2023, approximately 81% of appealed workers’ comp claims were pending for six months or less.
The exact workers’ compensation benefits you qualify for depends on the nature of your injury or illness and the length of your recovery. Workers’ comp law recognizes four different types of disability:
Your weekly payout will equal up to two-thirds of your average weekly wage multiplied by your percentage of disability. An appointed healthcare provider will examine your injury or illness to determine which of the above categories your disability falls into.
New York places a cap on the amount of compensation any workers’ comp recipient can earn each week. Between July 2023 and July 2024, this maximum weekly benefit was $1,145.43, though it tends to increase each year.
Do you need help navigating the workers’ comp process? Has the insurance carrier denied your claim? Do you think that you’re receiving less than you deserve? Is your employer refusing to cooperate? Our workers’ compensation lawyers in Queens are here to assist you.
We’ll guide you through your workers’ compensation claim and fight any claim denials on your behalf. Contact Pyrros, Serres & Rupwani today at 718-626-7730 for your free case evaluation.
Read our recent blog post to learn about seeking a settlement for a head injury at work.
Through a workers’ compensation claim, you can secure up to two-thirds of your average weekly earnings with a maximum of $1,145 each week.
You have two years after the date of your injury to file a workers’ compensation claim as long as you notify your employer within 30 days of the accident.
Your workers’ compensation benefits can continue for anywhere from 225 to 525 weeks, or more, depending on your injuries. Our workers’ compensation lawyers in Queens can help maximize your benefits.