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New York City Workers' Compensation Attorney

Get 40+ Years' Legal Experience & Insight Behind Your Case

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

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:

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.

How to File a Workers' Compensation Claim

When you are injured on the job in New York, you must complete certain steps to see that you are able to recover the compensation you deserve. You have two options for submitting a claim:

  • Complete the form called Employee Claim (C-3). The form can be obtained on the website of the New York State Workers’ Compensation Board and can even be submitted online if you wish to use your computer. A paper copy of it can also be obtained from a local Customer Service Center or District Office or the State Workers’ Compensation Board.
  • If fatality occurred, form C-62 must be filed instead. Eligible family members or the worker’s next of kin will need to complete the form. The form and appropriate documentation, including form C-64 from the treating physician before death and form C-65 from the funeral home, must also be completed.

The appropriate paperwork for your claim must be completed and submitted within two years of the accident. You also need to let your employer know in writing as soon as you have been hurt.

The written injury report should explain when, how, where, and why you became ill or injured as a result of something that happened on the job. Once you have completed the required paperwork, your claim should be reviewed and benefits will either be given or denied based on the facts of the case.

What If My Workers' Comp Claim Is Denied?

Workers’ compensation is supposed to ensure that you are covered for any on-the-job injury. Not only that, but the process is supposed to be a simple one so you don’t have a problem getting guaranteed benefits.

Unfortunately, sometimes legitimate claims are denied and you are left without the money you need.

Properly filing a workers’ compensation claim in a timely manner reduces the chance of denial, but it doesn’t eliminate problems if employers and insurers decide to treat you unfairly.

If your claim is denied, you may be able to appeal the denial and taking your case before the Workers’ Compensation Board. An experienced workers’ compensation attorney from our firm can help.

Ready to File? Get Started with a Free Review

Filing a workers’ compensation claim shouldn’t be stressful. You also need to focus on improving your health and recovering, rather than fighting for benefits or navigating legal issues.

That is why our firm is here to help. Our workers’ compensation lawyers in New York City are well-versed in the laws surrounding your case and can help you take the next best step forward.

If you are ready to file a claim, The Perecman Firm, P.L.L.C. is just a phone call away. From unfair settlement offers to outright denials, we are here to stand up for your rights and advocate for you.

Call us at (212) 577-9325 for your FREE workers’ compensation consultation.

Available 24/7

Contact our NYC lawyers to get the seasoned legal representation you need. We offer free case evaluations.

Get Answers to Your Workers' Compensation Questions

Should I hire an attorney for my workers' compensation case?

At The Perecman Firm, P.L.L.C., we do believe this is the right way to proceed. Workers’ compensation laws are complex, and the progression of your case could have a stark effect on your future. Having the right team on your side makes all the difference.

If I don't like my lawyer, can I get a new one?

Absolutely. You have the right to change your attorney at any point in your case. In most personal injury actions, this will not result in higher fees. Your attorney should be someone you trust, and you should be able to enjoy a relationship with him/her of mutual respect and courtesy. If you are not happy with your current representation, you have the right to seek a new lawyer.

If I return to work after my injury, who should I tell?

Your attorney should be the first to know. They can let the Workers' Compensation Board know, as well as work with your insurance company on your case.

If I receive workers' compensation, does that prevent me from filing a lawsuit?

No. Workers’ compensation laws in New York do prevent you from suing your boss directly; however, you may be entitled to file suit against the owner of the job site and/or your general contractor.

When should I contact a workers' compensation attorney?

The sooner you get in touch with a lawyer, the better. Avoid missing important deadlines and improve your chances of a successful case outcome by contacting a workers’ compensation lawyer you trust right away.

Should I return to work after my work-related injury?

Returning to work can help you heal more quickly, and it brings the advantage of additional income and benefits. In addition, workers do not get raises or promotions while out of work. Because workers' compensation does not match your full pay, many workers choose to return to work after an injury.

What happens to my workers' compensation benefits if I go back to work?

The answer is partially dependent on what you earned prior to being injured. However, if you return to work but find that your pay has been decreased due to your work-related disability, workers' compensation payments can help make up the difference. This is known as a reduced earnings benefit.

Can I still get medical treatment if I return to my job?

Absolutely. In fact, you can ask to be repaid for travel costs, medications, and any other prescribed treatment.

Can an employer refuse to hire me because I have a workers' comp case?

No. In fact, prospective employers are forbidden from asking you about workers' compensation claims. They also cannot deny you employment for past claims.

What if I return to work but find out I can't do my job?

If you return to work and find that you cannot do your job, reopening your workers' compensation case is an option. You may collect benefits again if your injuries keep you out of work for longer than you expected. You also have the right to ask for changes to your job to accommodate your injury. The Workers' Compensation Board helps injured workers find new jobs or retrain for new careers.

I returned to work, but still lose hours due to my injury. Can I get benefits for those hours?

Yes. This is known as Intermittent Lost Time. Keep all records, both pay stubs and records of absent days. Also, be sure to let your insurer know as soon as possible, as well as the Workers' Compensation Board.

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