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NYC Workers Comp Lawyer

After an on-the-job injury, you need to make certain that you get all the compensation you are entitled to for your medical care and lost wages. Maximize your benefits by working with an NYC workers comp lawyer.

Few situations are as stressful as getting injured on the job. While New York state law protects you and entitles you to workers compensation benefits, you might feel pressured by your employer not to file a claim. Maybe you didn’t immediately realize how severe your injury was and didn’t report it right away. You might even have benefits available that you weren’t aware of.

The simple truth is that when you suffer a workplace injury, you have rights that cannot be denied, and this includes the right to workers comp benefits. Even when you do get offered a settlement by your employer’s work comp insurer, it can be difficult to know if what they’re offering you is fair and everything you’re entitled to.

By working with an experienced NYC workers comp lawyer from Finkelstein, Meirowitz & Eidlisz, LLP, you can rest easy knowing that you’ll get all of the benefits you are due—including the ones you might not have realized you should be receiving.

Does My Injury Qualify for Workers Compensation?

Most employers are required to carry workers compensation insurance. It doesn’t matter whether you’re a nurse working for a busy hospital, a corrections officer at a prison, or a mass transit worker operating a bus or subway—if you were hurt while performing your job duties, you could qualify for workers comp benefits. Even if you were 100 percent at fault for what happened, your claim must be honored as long as you were working within the parameters of your job.

Not every injury will automatically qualify, however, and even if yours does, there’s a procedure you need to follow to ensure that your right to these benefits is protected:

  • The company or business you work for must be required to carry workers compensation insurance under New York state law.
  • Your injury or illness must have been suffered while performing your regular job duties.
  • Within thirty days of the injury, you must give written notice to your employer detailing what happened, commonly called an “accident report” or “incident report.”
  • You must have a medical report from a physician that says your injury happened at work due to an accident, exposure to a substance, or because of the nature of your job.

Because there are criteria that your injury and accident must meet, it unfortunately gives your employer or their insurer the opportunity to potentially deny your claim. If you meet resistance with any of the above points, it’s a good time to get in touch with an NYC workers comp lawyer from our firm.

What Benefits Does Work Comp Provide?

In an ideal world, you’d get the maximum benefits possible whenever you have to file a workers comp claim. Unfortunately, insurance companies are in business to make a profit, which means minimizing their expenses—and you can bet that they view paying out on claims as an expense to be limited.

There are several benefits you are entitled to under the law, and it’s not always easy to know if you’re getting everything you should be. By working with an NYC workers comp lawyer from our firm, you can ensure that you maximize the value of your benefits and get everything that the law mandates:

  • Full coverage for medically necessary healthcare and chiropractic care
  • Two-thirds of your average weekly wages or salary
  • Reduced earning compensation if you’ve been disabled and can’t work in the same capacity
  • Travel expenses required by your medical appointments
  • Compensation for damage done to your limbs and extremities and any facial scarring, even if these don’t interfere with your ability to work
  • Any other out-of-pocket expenses incurred by your injury and medical care

Even if you think you’ve received an adequate settlement from the work comp insurer, it’s best to let us review your case during a free consultation. Insurers generally aren’t eager to disclose everything you might be entitled to, so there’s a good chance you could be getting undercompensated without realizing it.

When a Workers Comp Claim Gets Denied

As mentioned, it’s not uncommon for workers compensation claims to get denied, even if you have a legitimate injury that should qualify. This is especially likely if you suffered a repetitive stress injury, carpal tunnel syndrome, or a delayed injury that wasn’t immediately reported, as is common with concussions and some back injuries. In these circumstances, your employer or the insurance might claim that the injury happened while you were off duty.

It might also be that your claim has been accepted, but the work comp insurer is disputing whether a medical treatment is medically necessary and refusing to pay for it. This can put you in a terrible situation, as your health insurance won’t be willing to pay for something that should be covered under work comp, and you certainly shouldn’t have to pay for the treatment out of your own pocket.

Whether your work comp claim has been denied outright or you’re having difficulty accessing all of your benefits, an NYC workers comp lawyer from our office can help you overcome the difficulty. We can help you reconstruct the accident and prove where it happened, and we can help you prove the severity of your injury and why you need the care prescribed by your doctor.

Retaliation Against Injured Workers

Sometimes injured workers don’t file a claim because they’re worried about being retaliated against by their employer. It might even be that your employer is pressuring you not to file a claim because they’re worried that their insurance rate will go up or that it will damage their reputation.

Whatever the circumstances, you should be aware that your employer cannot punish you for seeking the benefits you are legally entitled to. If you feel uncomfortable about filing a claim for any reason, your NYC workers comp lawyer will help you resolve the situation so that your job is protected and you get the medical care and compensation you deserve.

NYC Workers Comp FAQ

Trying to get the most out of your workers compensation benefits can make for a confusing and frustrating experience. It’s not always easy to get answers, and with that in mind, we’ve addressed a few common questions here. If you’d like further information as it pertains to your case, please contact our office so that you can speak with an NYC workers comp lawyer at length.

Can I collect both workers compensation and Social Security Disability benefits?

If you meet the criteria for both the New York workers compensation program and the federal Social Security Disability Insurance program, yes. It’s important to note that the criteria do differ significantly, so it’s entirely possible to receive benefits from one program but not be eligible for the other.

What is a section 32 waiver agreement?

A section 32 waiver agreement is reached when you accept a lump sum to cover your injury-related medical care and lost wages. By accepting a lump sum, you waive your right to future and ongoing benefits, so it’s imperative to make certain that this agreement is as favorable for you as possible.

What happens if I settle my claim but get reinjured at work in the same way later?

You can file a new workers comp claim for the reinjury, but the judge hearing your case might apportion the reinjury to the original injury. This will reduce the amount of compensation you’ll receive in benefits, so it will be important to make certain your case is presented as persuasively as possible.

Contact a New York City Workers Compensation Lawyer

At Finkelstein, Meirowitz & Eidlisz, LLP, we’ve been helping injured workers get the compensation they’re entitled to for over forty years. Our firm has recovered millions of dollars for our clients, and we can help you get the workers compensation benefits that you’re entitled to, as well.

Find out how we can help you by scheduling a free consultation to discuss your case with an experienced NYC workers comp lawyer. Just complete the contact form on this page or give us a call at 212-385-9190.

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  • © 2017 Finkelstein, Meirowitz & Eidlisz, LLP

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