Workers’ Compensation
In New York, a Workers’ Compensation fund exists to support employees injured on the job. Managed by the Workers’ Compensation Board (WCB), this fund is financed by employer contributions, functioning as an insurance safety net for workplace accidents.
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Frequently Asked Questions
Even if I didn’t lose time off at work, is it possible to receive monetary compensation?
Absolutely! Yes, you can get compensated even if you don’t lose work hours. There are many injuries that allow you to continue to go to work. However, they may also interfere with your life in general. Things such as a broken foot or arm can interfere but you are still capable of doing your job. In many cases, getting back to work sooner will result in an even higher final cash award for your injury.
What is Workers’ Compensation?
Workers’ Compensation is insurance that businesses must carry if they have employees. Your claim will be placed in front of the Workers’ Compensation Board and determined if you have any such benefits that should be awarded to you.
To be eligible for Workers’ Compensation, the fault of any one party is not taken into consideration. Deliberately trying to harm themselves or someone else.
Is an attorney needed for Workers’ Compensation?
While an attorney is not required to file a Workers’ Compesantion claim on your behalf, keep in mind that insurance companies are not in business to shell out lots of cash. They are not going to play nice. This is why you should never try to represent yourself in legal matters. Hire someone who knows the law and the system and can work hard for you.
Does it have to be a serious injury?
Even if it is a minor injury, always be sure to notify your employer immediately, seek medical attention, and file a Workers’ Compensation claim. By following these steps, you will be protected down the road.
What if I fail to file a claim within 30 days?
You may lose the right to medical care and the benefits of Workers’ Compensation.
Can I collect unemployment or other disability payments if I am not collecting Workers’ Compensation and I cannot work?
To be eligible for additional benefits, certain factors must be met. This is on a case-by-case basis. The worker must be deemed as too injured to perform the tasks at work that are expected at their job. If they can perform lighter-duty tasks, but there aren’t any available, then you can file for unemployment. The injured worker can also file for Workers’ Compensation while on unemployment. If benefits are denied initially, the injured worker may be eligible for New York State Disability Benefits while the case proceeds.
Can medical coverage be the only thing covered?
Yes, if the injury is minor and not other claims are needed, the claim to have your medical costs covered can be your only claim.
Can I collect both Social Security Disability Benefits and Workers’ Compensation?
Yes! You can. The Social Security Administration may adjust your monthly payment, taking into consideration your monthly Workers’ Compensation benefit. We can help you with that as well.
Can I claim Workers’ Compensation benefits if I believe my injuries or illnesses are work-related?
Yes. There are many injuries and illnesses resulting from workplace exposure that do not require a specific accident. These are referred to as repetitive or occupational injuries/illnesses, and are quite common.
How do you know which doctors you can see on Workers’ Compensation?
Most physicians and chiropractors in New York, as well as many in New Jersey, can treat you for your work-related injuries. You can choose any doctor you wish, or we can assist in finding the proper provider to help you.
Do I ever have to pay upfront for your legal services?
No. We will never send you a bill for our legal services in a Workers’ Compensation claim. Fees are contingent and will be awarded when we win your case.