Queens Workers’ Compensation Lawyers | NYC | Brooklyn |Bronx Workers’ Compensation Lawyers One of the reasons that the New York legislature enacted the state’s workers’
Proving That Your Injury Was Work-Related New York City | Bronx | Brooklyn | Queens Workers’ Compensation Lawyers In the aftermath of a work-related injury,
When you’ve been injured on the job, you are entitled to seek disability benefits, as well as the cost of medical expenses, in a workers’
New York City | Queens | Brooklyn | Bronx Workers’ Compensation Lawyers When you’ve been hurt on the job, one of your first steps should
Queens |NYC| Brooklyn |Bronx Workers’ Compensation Attorneys
Your employer has a vested interest in not paying a workers’ compensation claim or in minimizing the amount paid to you, as any legitimate claims paid will typically increase their workers’ compensation insurance premiums. In addition, when you are off work because of an injury, your employer may feel the need to replace you to meet production goals. Can your employer terminate you because you’ve filed a workers’ compensation claim, whether in retaliation for filing the claim or to fill your position?
If you’ve been hurt at work, your first course of action will be to file a workers’ compensation claim. If you are one of the lucky few, your application for benefits will be granted without a challenge from your employer or the workers’ compensation insurance company. In most instances, though, your claim will be initially denied and you’ll have to ask for a hearing to determine the merits of your claim. What will your attorney need to prepare for that hearing?
Workers Compensation Attorneys Queens & New York
If you have been injured on the job and need to seek compensation under New York’s workers’ compensation laws, you may have some concerns about whether or not your job will still be there for you, especially if it will take some time for you to heal. Can your employer replace you? What potential rights do you have to ensure that you can go back to work when you are healthy?
First, it’s important to understand that your employer cannot terminate you or discriminate against you in any way because you have filed for or are seeking workers’ compensation benefits. This can be difficult to prove, but if you can show that you lost your job in whole or in part because of your workers’ compensation claim, your employer can be found liable for discrimination, be ordered to pay damages and to reinstate you.
When you have been injured at work in New York, in most instances, your exclusive remedy will be through a workers’ compensation claim. The workers’ compensation system is often referred to as the “grand bargain,” as it is supposed to benefit both sides. Employers (and workers’ compensation insurance companies) reap the benefit of specific dollar amounts, so they don’t have to worry about large damage claims from a judge or jury. Workers are supposed to benefit from the relative ease of filing a claim, and the speed with which benefits will start to be paid.
It seems like a straightforward and simple system—you’ve been injured, incurred medical expenses and lost time at work. Your attorney will work hard to ensure that you get payment for all your losses, including:
In New York, when you have been injured on the job, you have a right to seek benefits under the state’s workers’ compensation system. In fact, the workers’ compensation system is generally your sole remedy or means of recovering compensation for injuries caused by the carelessness or negligence of your employer or a co-employee. But what if you had a prior injury—work-related or not—to the same part of your body? What if you hurt your knee on the job six months or two years ago? Will you be eligible to obtain workers’ compensation benefits for the same or a similar injury?
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