Workers Compensation Attorney in New York
Being injured at work can leave you with high medical bills and being unable to work. In New York, laws are in place to make sure you are able to pay these bills, recover lost wages and obtain disability benefits. Workers compensation provides coverage for all these losses, which gives you time and resources to recover from your injuries.
However, even though these laws are in place, many employers and insurance companies still fail to offer the necessary benefits. If you or a loved are injured at work, knowing that your expenses and bills will be covered can bring peace of mind. Here at The Perecman Firm we have helped many injured workers claim the compensation and benefits they deserve.
Workplace Injuries and Compensation Laws
In New York, workers compensation laws are in place to ensure that every employee who suffers an injury during the course of their work receives benefits to cover their bills and losses. In order to make a claim for compensation under these laws, the injuries sustained must have occurred under one of the following situations:
- Injured while on a job site; for example a fall or an accident while using equipment
- Injured while off-site but while performing work related duties; for example a car accident while running errands for the company
- Incurring a repetitive strain injury or some form of stress injury as a result of work related tasks or operations
- Illness such as cancer, mesothelioma or lead poisoning, caused as a result of exposure to toxins or chemicals through the course of work
When considering an application for workers compensation, negligence is not used as a determining factor. This means mistakes made by your employer or a failure to follow OSHA regulations will not be considered. Likewise, it doesn’t matter if you made a mistake and were injured as a result. You will still be able to apply for compensation. The law offers broad protection to those who have suffered workplace injuries, and is designed to ensure no worker is left without compensation to pay their bills and expenses, or that they are left without the means to seek treatment.
Workers Compensation Benefits
The compensation benefits for workers in New York provide coverage for everyday expenses and medical bills, however these benefits are not as extensive as awards made under traditional personal injury claims. It is not possible for workers to sue their employers when they are injured, instead they must file a claim under workers compensation law in order to recover their losses. These losses may include:
- Medical bills
- Lost wages
- Temporary payment of total disability benefits
- Temporary payment of partial disability benefits if you are able to work lighter duties and in a lower paid job
- Permanent total or partial disability benefits
- Wrongful death benefits
Compensation for other losses including pain and suffering, which is usually available under personal injury compensation, may be included if you can prove negligence on the part of a third party who could be sued for your injuries. Consulting with an attorney will help determine if these losses can be considered as part of your claim.
Hiring an Attorney to Handle Your Claim
If you are injured at work it should be a simple matter of reporting the accident to your employer and receiving the benefits you are entitled to. Unfortunately, some employers will deny claims for compensation, even if they are legitimate. Some workers are then pressurized into returning to work before they have fully recovered. In other instances, disputes arise over the payment of medical bills or the extent of the coverage of workers compensation and disability benefits.
If you are facing a dispute over your entitlement to compensation, then consulting with a qualified attorney is your next step. For over 30 years the lawyers at The Perecman Firm have helped injured workers across New York get the benefits and compensation they are entitled to. Contact us today for a free consultation of your work injury case.
Our service area includes, but is not limited to: