New York City Workers' Compensation Attorney

We Take a Stand for Injured Workers in New York

Being injured at work can leave you with extensive medical bills and a reduced ability to work, if at all.

In New York, there are laws in place to make sure you are able to pay these bills, recover lost wages, and obtain disability benefits. However, many employers and insurance companies still fail to offer these necessary benefits.

If you or a loved one was injured at work, turn to The Perecman Firm, P.L.L.C. for counsel and support. Our NYC workers’ compensation lawyers have helped many injured workers claim the monetary damages and benefits they deserve.

Get the Information You Need

• Eligibility for workers' compensation in New York
• Common types of work-related injuries and accidents
• Types of benefits available through workers' compensation
• Avenues for pursuing additional compensation
• How to file a workers' compensation claim in New York
• How to handle a workers' comp claim denial
• Common workers' compensation questions (FAQ)

If you or a loved one has suffered a work-related injury in New York, let us help you get what you deserve. Call (212) 577-9325 for a free consultation.

Workplace Injuries & 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 losses.

In order to make a claim under these laws, the injuries must have occurred:

• While on a job site
• While off-site but while performing work related duties
• As a result of work related tasks or operations
• 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 taken into consideration. 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 workers who have suffered workplace injuries, and is designed to ensure no worker is left without compensation to pay their bills and expenses.

Common Work-Related Injuries

Our firm handles all types of workers' compensation cases, including those that involve:

• Repetitive stress injuries
• Burn injuries
• Work-related illnesses
• Spinal cord injuries
• Back injuries
• Lifting injuries
• Shoulder and knee injuries
• Hearing and vision loss

Available Benefits Under Workers' Compensation

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 in the workplace; instead, they must file a claim under workers' compensation law in order to recover their losses.

The benefits available through workers' comp include:

• Medical coverage: All of your medical bills should be 100% covered with no co-pays or out-of-pocket expenses. You should also have coverage for any adaptive medical devices required and even for transportation to your treatment if needed.
• Lost wages: If you are forced to be out of work for at least seven days due to your injury, you should receive partial payment for the time that you are unable to go to your job. If you are out of work for 14 or more days, then you also receive lost wage benefits for the first 7 days you missed.
• Disability benefits: If you are totally or partially disabled, you can receive ongoing disability benefits until you get better or can go back to work. The benefits are equal to two-thirds of your average weekly wages multiplied by the percent of your disability. For example, if you are 100% disabled, you would receive the full two-thirds of your average wage. If you are only 50% disabled, you’d receive half that amount.
• Death benefits: If a worker is killed on the job, his or her dependents or next of kin may receive death benefits. These typically include a percentage of their average wages.

Other Avenues for Additional Compensation

New York workers’ compensation benefits can be obtained after any injury caused by work duties, regardless of whether an employer was negligent or contributed to causing the injury. However, workers are restricted from suing their employers and cannot obtain additional personal injury compensation such as monetary damages for pain and suffering.

Under certain circumstances, it may be possible to file a personal injury lawsuit if a third party was negligent in a way that contributed to or caused the injury. This can provide compensation for pain and suffering, emotional distress, and other non-economic losses. A personal injury claim may sometimes be pursued at the same time as a workers’ comp case.

Additionally, Social Security disability benefits and other government aid may be available to a disabled worker as well. These benefits are separate from workers’ compensation and can be pursued concurrently. Consulting with a New York City workers’ compensation attorney from our firm can help you determine if you are entitled to additional compensation.