What Benefits Am I Entitled To Under Workers' Compensation?
When you're injured at work in New York, the workers' compensation system kicks in to help you. Medical coverage comes first. Every doctor visit, hospital stay, surgery, physical therapy session, prescription, and piece of medical equipment related to your workplace injury gets covered. No copays. No deductibles. You'll also receive wage replacement benefits while you recover and can't work. These payments typically equal two-thirds of your average weekly wage, though the state caps the maximum amount. If your injury causes permanent damage, you may qualify for additional disability benefits. Polsky, Shouldice & Rosen, P.C. works with injured workers every day to make sure they receive everything they're entitled to under state law.
Do I Need To Report My Injury Right Away?
Yes, don't wait on this. New York gives you 30 days to notify your employer about a workplace accident or injury. You've got up to two years to file the actual workers' compensation claim, but that doesn't mean you should delay reporting what happened. Quick reporting establishes a clear timeline. It connects your injury directly to your workplace before memories fade and details get fuzzy. Insurance companies love to exploit delays. They'll argue your injury happened somewhere else or that you're exaggerating because you waited so long to say anything. Even minor injuries deserve immediate reporting.
Can My Employer Fire Me For Filing A Claim?
The law says no. Retaliation against workers who file workers' compensation claims is illegal in New York. But proving retaliation? That's harder. Employers rarely admit they're punishing you for filing a claim. Instead, they'll point to performance issues, restructuring, or budget cuts. If you're terminated shortly after filing, start documenting everything immediately. Save every email. Keep performance reviews. A Queens workers' comp lawyer can review the circumstances and tell you whether you've got grounds for a separate retaliation lawsuit.
What If My Claim Gets Denied?
Claims get denied all the time. It's frustrating, but it's not the end. You can appeal through the New York Workers' Compensation Board. The process involves hearings where you present evidence and testimony. Insurance companies deny claims for all sorts of reasons:
- You missed a filing deadline
- Your medical evidence isn't strong enough
- They dispute whether the injury actually happened at work
- They're blaming a pre-existing condition
- You didn't report the injury properly
Medical records matter enormously in appeals. So do witness statements and expert medical opinions. Insurance companies employ lawyers whose entire job is to minimize what they pay out.
Are Independent Contractors Covered?
True independent contractors don't qualify for workers' compensation coverage, but many workers classified as independent contractors are actually employees under New York law. The state looks at multiple factors when determining your real employment status. Who controls how you perform your work? Do you use your own tools? If your employer misclassified you as an independent contractor when you're really an employee, you might still have coverage.
What About Occupational Illnesses?
Workers' compensation doesn't just cover accidents. Illnesses and diseases that develop gradually from workplace exposure qualify too. Respiratory conditions from breathing chemicals. Repetitive stress injuries from doing the same motion thousands of times. Hearing loss from years of noise exposure. These all fall under workers' compensation coverage. According to the New York State Workers' Compensation Board, you'll need to prove your condition arose from your employment. That means establishing a clear connection between your illness and specific workplace conditions. These cases often get medically complex.
Getting Help With Your Claim
Knowing your rights is one thing. Actually getting the benefits you deserve? That's different. The system isn't designed to be user-friendly. Insurance adjusters receive training specifically focused on finding reasons to deny claims or reduce their value. They know the rules better than you do. A Queens workers' comp lawyer handles the insurance company communications, gathers the medical evidence you need, and represents you at hearings. Legal representation changes the dynamic completely when you're hurt, stressed about money, and trying to recover.
