You deserve to feel safe at work. Unfortunately, accidents do happen, but you do have the right to seek workers’ comp benefits if you get injured on the job. The process of filing a claim can get complicated, which isn’t something you want to have to worry about after an injury. You also don’t want to risk missing out on the funds you need to cover medical expenses or lost wages from any time you had to take off work to recover, and working with a Queens, NY workers’ compensation lawyer for comprehensive legal support may help maximize your compensation.
At Polsky, Shouldice & Rosen, P.C., we offer over 30 years of experience advocating for New York workers. We’ll work hard to protect your rights, advocate for better safety in your workplace, and maximize your compensation. Whether you’ve been denied benefits or are just starting the claims process, our attorneys are here to help. Call us today to get set up with a free consultation.
What You Should Know About Workers’ Comp Benefits
Workers’ compensation laws exist to protect employees who have been injured or become ill on the job by providing them with necessary medical care and wage replacement benefits. As long as the injury was work-related, it should be covered.
New York’s workers’ compensation program operates under a no-fault system. This means that employees in the state do not need to prove that their employer was negligent to receive benefits. In exchange for these no-fault benefits, New York employees generally can’t sue their employer for their work-related injury or illness, unless their case involves gross negligence or intentional harm.
You should also know:
- You’re required to report your injury to your employer within 30 days and file a claim with the New York Workers’ Compensation Board within two years to be eligible to receive benefits.
- All necessary medical treatment for the injury or illness will be covered. This includes doctor’s visits, hospital stays, surgeries, and physical therapy.
- If you’re unable to work for more than seven days due to the injury, you’re eligible to receive wage replacement benefits. (These typically equal two-thirds of the worker’s average weekly wage, but there are caps based on statewide averages.)
- If you’ve suffered permanent injuries, you may be entitled to additional compensation based on the extent of the disability.
Common Workplace Injuries
Our Queens workers’ compensation lawyers have handled a variety of cases, from serious construction site injuries to carpal tunnel syndrome caused by assembly line work. The following are examples of some more common work-related injuries that clients have come to us with:
- Repetitive strain injuries (RSIs)
- Vision and hearing loss
- Slips, trips, and falls
- Fractures and broken bones
- Concussions and other head injuries
- Respiratory illnesses
- Burns, cuts, and lacerations
The Process Of Filing A Claim
Once you’ve reported your condition to your employer (remember—do this within 30 days of the incident), they’re required to provide you with a C-3 form. This form will detail the nature of your injury, how it happened, and any medical treatment you’ve received for it. You’ll generally have two years to complete and file this paperwork with the New York Workers’ Compensation Board. Certain exceptions are in place for workers whose ailments manifested after a period of time (asbestos and mesothelioma cases, for example).
After you file your claim, your employer’s insurance provider will investigate your case. If it’s approved, you’ll start receiving benefits. If it’s denied, you have the option to appeal it and request a hearing before the Board.
Put Our Experience To Work
No matter where you’re at in the legal process, enlisting the help of an attorney can make all the difference in the outcome of your case. Our Queens workers’ compensation lawyers at Polsky, Shouldice & Rosen, P.C. have the knowledge and insights needed to seek the benefits you need and deserve. Let’s work together to position your claim for success. Contact our firm today to book your free consultation.
