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Brooklyn Workers Comp Lawyer

It’s not easy to know if you’re getting everything you can out of your work comp benefits. Make sure you get everything you’re entitled to by working with a Brooklyn workers comp lawyer.

There is nothing more frustrating or debilitating than getting injured in an accident while you are on the job. Struggling to get through a recovery while trying to deal with filing a workers compensation claim can be difficult and confusing. And while New York state requires every for-profit employer to carry workers compensation insurance, collecting the financial assistance you are rightfully owed isn’t always easy.

Perhaps you’re feeling pressure from your employer not to file a claim. Perhaps you’re finding that the insurance company is unwilling to provide you with compensation for the full value of your medical bills and wages. No matter what you’re up against, a Brooklyn workers comp lawyer from Finkelstein, Meirowitz & Eidlisz, LLP will ensure that your claims process goes as smoothly and positively as possible. Our team will work tirelessly to get you the financial help you deserve following your workplace injury.

Common Accidents That Result in a Brooklyn Workers Comp Claim

There are all sorts of accidents that could leave you injured and needing to file a workers compensation claim. While every industry is different and has its own set of complications and dangers, there are a few types of accidents that are more common than others.

Some of the most common workplace accidents and injuries that your Brooklyn workers comp lawyer can help you file a claim for include the following:

  • Overexertion This type of on-the-job accident often occurs as a result of trying to lift or carry heavy objects. Most commonly, those who work in the construction industry or in factories are the ones who end up filing a workers compensation claim for this type of injury.
  • Traffic Accident – Most frequently experienced by those who work in public transportation or who are required to travel a lot for work, an on-the-job traffic accident can yield significant injuries for its victims.
  • Accidents Involving Heavy Machinery – These types of accidents are some of the most dangerous due to the sheer inequality between the size and power of the machines and the victims who are hurt. If you sustained injuries due to a piece of heavy equipment you were required to use while on the job, your workers compensation benefits should keep you covered.

Don’t Worry About Employer Retaliation

You may think that obtaining your work comp benefits following a workplace accident will be a simple process. But that isn’t always true. More often than not, employees feel nervous about filing a claim after their incident. Some fear that they may be putting their jobs at risk by seeking benefits. Others have employers who outright pressure them into not filing a claim.

This is where your Brooklyn workers comp lawyer will come in handy. We will ensure that your rights under New York state law are respected and upheld throughout the entire claims process. You are not suing your employer when you file a claim, so you shouldn’t have to worry about their reaction. Should you feel any sort of unease dealing with your employer, we will happily handle interactions with them to ensure you aren’t pressured into giving up your right to file for workers compensation.

What Benefits Do I Qualify for with Workers Compensation?

The extent of your injury will play a large role in determining the amount of compensation you are eligible for. However, there are certain types of benefits you have a right to claim, as long as you qualify.

Under New York state law, some of the benefits you can claim for your workers compensation case include the following:

  • Weekly Compensation – You can expect to receive about two-thirds of your weekly salary. Payments are usually issued every two weeks.
  • Medical Compensation – These benefits will help you recover any finances you may have lost on doctors’ bills, medications, and any time you may have spent in the hospital.
  • Vocational Rehabilitation – If your accident forced you to change fields in your career, your workers compensation benefits will cover any costs it takes for you to receive training, education, or certification to switch industries.
  • Permanent Disability or Scarring – If your workplace accident resulted in permanent injuries, such as long-term physical impairment or scarring, your Brooklyn workers comp lawyer can fight to garner you compensation for these damages even if they don’t prevent you from working.

Brooklyn Workers Compensation Claims Process

When you’ve been injured in a workplace accident in Brooklyn, it’s very likely that your injuries will keep you from returning to work for a time. How will you provide for yourself and your family if you’re missing out on pay?

That’s why you need to file a workers compensation claim. But how do you go about it? If you’ve never filed a claim before, the process can be pretty overwhelming. You don’t have to go it alone. A Brooklyn work comp lawyer can assist you through the entire process, making a denial far less likely. Here’s a step-by-step look at the claims process:

  • Start by immediately seeking medical attention after the injury.
  • Document your accident and obtain medical documentation or other proof of your injury from your doctor.
  • Inform your employer of your injury as soon as possible but no later than thirty days following your accident.
  • File your claim paperwork as soon as possible but no later than two years after the accident.

In the case of a claim denial, you have thirty days to file an appeal. And in some cases, it may be necessary to take your case to court to get the benefits you need.

Evidence Needed to Prove Your Brooklyn Workers Compensation Claim

The two main elements of a workers comp case that must be proven are that your injuries occurred on the job and that you were injured to such an extent that you can’t work. Your evidence could be any proof that demonstrates that your injury occurred at work or because of work, such as the following:

  • Witness statements
  • Video and photographic evidence
  • Police, 911, or accident reports

You could also use any evidence of your medical history and your injury:

  • Doctor reports and statements
  • X-rays and other medical documentation
  • Medical history

If you are claiming a permanent disability, you may be required to obtain and provide additional documentation and evidence.

What Are the Different Classifications of Disabilities?

Your workers comp benefits will depend on the type of disability classification you receive from your doctor. The classifications are as follows:

  • Temporary Total Disability – You’re completely unable to work but you should be able to recover.
  • Temporary Partial Disability – Your wage-earning capacity has been limited by your injury, but you should recover.
  • Permanent Total Disability – Your injury is not reparable (e.g., traumatic brain injury in which cognitive function has been forever altered) and keeps you from working the job you once held. There is no limit on how long you can receive this weekly benefit.
  • Permanent Partial Disability – Part of your wage-earning capacity has been permanently limited.

What if My Work Comp Claim Is Denied?

Workers compensation claim denials can take many forms. The New York State Workers’ Compensation Board might deny your claim because they don’t believe there’s sufficient documentation to support the fact that your injury happened at work. Or the work comp insurer might insist that a treatment prescribed by your doctor is not medically necessary.

In both of these situations, a denial is not necessarily final. Your Brooklyn workers comp lawyer can build a case that proves what happened and why you deserve the care your doctor says is necessary. Whether it involves gathering evidence to prove the events of your accident or bringing in expert testimony to explain your needs, we can help.

In some cases, it might be necessary to make your case during a hearing before an administrative law judge (ALJ). When this happens, we’ll be by your side throughout the proceedings, and we’ll make certain that you know what questions to expect and have all of the relevant information at hand to include in your answers.

Brooklyn Workers Comp FAQ

Even if you believe you have a straightforward, easy-to-prove claim, you can still be denied your workers compensation benefits. A work comp attorney from our firm can anticipate trouble with your claim and correct any issues before your claim is denied.

If you’ve already been denied, we can help you set things right so you can obtain the compensation you need while recovering from an on-the-job injury.

You’re bound to have questions about the claims process, and our attorneys can answer your questions during a free claim evaluation. We’ve also gone ahead and answered some commonly asked questions below.

What if I don’t have the money to pay for an attorney’s services?

No need to worry. You won’t have to pay us anything out of pocket. Workers comp lawyers can’t take money directly from clients. Instead, we’re paid a portion of your award directly by state workers compensation officials.

What is an occupational disease?

An occupational disease or illness is any sickness or health issue you developed as a result of your employment. There are many different types of illnesses you could contract because of your job. If you believe you got sick because of your work environment or job duties, speak with a work comp attorney.

Here are a few examples of work-related illnesses: lung disease, mesothelioma, cancer, breathing disorders, skin conditions, hearing loss, vision impairment, and carpal tunnel syndrome.

What is a Section 32 Waiver Agreement?

A Section 32 Waiver Agreement is when the injured worker and the insurance company settle a claim by coming to an agreement for a lump sum or annuity payment. This agreement will waive the insured’s rights to any further compensation. State work comp officials must approve the agreement for it to be valid.

Are prescription drugs covered by workers compensation benefits?

Yes. Your medications prescribed to you by a doctor are covered under your work comp benefits. When you provide a receipt and the prescription from the doctor, you can be compensated for any out-of-pocket prescription costs. These costs fall under medical reimbursement deemed reasonable and necessary.

Connect with a Brooklyn Workers Compensation Attorney

If you were recently hurt in a workplace accident and you are looking for legal counsel to help move forward in the claims process, allow Finkelstein, Meirowitz & Eidlisz, LLP to provide you with the guidance you’re looking for. Our firm can ensure you receive all the financial assistance available from work comp benefits to assist you with a speedy and safe recovery.

To discuss your claim with a qualified Brooklyn workers comp lawyer, give our team a call at 212-385-9190 to schedule a free consultation. If you’d like to get in touch with us online, you can fill out the contact form at the bottom of this page.

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