Worker’s compensation functions much like an insurance policy that will provide help for workers who have become injured on the job or fallen ill due to an occupational hazard. If you have such a condition or been injured on the job you will seek coverage by Worker’s Compensation. If you have sustained injuries you may also be eligible for a long term disability benefit.
If you are seeking to submit a claim you will need the help of a knowledgeable Bronx workers compensation lawyer from Cellino Law. Our experienced attorneys can offer you assistance in making this claim with the correct documentation. This will ensure that your claim is given the respect it is due.
Worker’s Compensation Law states that a worker will typically receive compensation no matter what caused their injury. This is done in exchange for the right of limited protection. This means that workers have to agree to not sue their employer for negligence.
Under the laws of New York, employers are required to provide worker’s compensation for their employees through a provider or by self-insuring. The laws also have stipulations used for setting the amounts of benefits to ensure that they cover lost income and medical costs while recovering from injuries.
The underlying reason that Worker’s Compensation exists is to ensure that if a worker is injured they will be able to have financial aid. It also relieves the pressure for increased litigation. However, if a work injury claim goes denied litigation may be necessary. That is where our personal injury lawyers in The Bronx can help.
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What Type Of Injuries Qualify For Workers’ Compensation In Bronx New York?
If you have been injured on the job, it is important to understand what types of injuries are covered by worker’s compensation and which are not. The Worker’s Compensation Laws of New York have very strict guidelines that define what can and cannot be compensated when it comes to work-related injuries. Even if you were at your place of employment when you were injured, it does not necessarily mean that you received a workplace injury. And make you eligible for any benefits.
If you hope to receive benefits for the injuries you have sustained you must be covered by the compensation laws of the state of New York. This means that the circumstances surrounding your injuries will have to fall into one of the following categories:
- Your employer has been mandated under the New York state laws to provide Workers’ Compensation coverage.
- The injury, illness, and/or disability that you have suffered happened because of the type of activities you perform in the workplace.
- You provided your employer notice in writing concerning the accident or incident that resulted in your injury or illness within 30 days from when it occurred or since you were made aware of the condition.
- Your medical reports specify that your injury, disability, or illness was caused by an accident or condition at your workplace.
Unfortunately, there will be many instances where the details surrounding the accident or incident are contested by your employer or their insurance providers. Even cases that seem obvious enough may have small details that are cause for debate. This is where you will need a solid case and knowledgeable legal counsel to aid you in getting the compensation that you deserve.
Will Job Security Be Affected By A Workers’ Compensation Case In The Bronx?
There are too many cases when a worker will suffer an injury on the job but then feels reluctant to file their claims for Worker’s Compensation for fear that it will put their job at risk. Others may choose to withhold making a claim for fear it will cost their employer money and they don’t wish to burden the enterprise by seeking Workers Compensation. But, neither of these situations is true. Most companies in operation through the state of New York are covered by Worker’s Compensation. This means that the company itself will not be liable for the compensation and there should be no reason their job would be at risk for making a claim.
Can Domestic Workers Receive Workers’ Compensation In New York?
There are many domestic workers in operation throughout New York providing services as gardeners, nannies, babysitters or housekeepers. When one of these workers operating in a domestic location is injured it can be confusing to define them as “employees” or “contractors”. The important thing to note is that a home does not have to act as a company to hire an employee.
In many cases, the domestic worker can be seen as a resident employee that provides a different range of services. IF a homeowner chooses to hire a resident employee they will also have to take out Workers Compensation Coverage to keep their workers protected while on the job.
What Is The Average Settlement For A Workers’ Comp Claim?
The first thing to understand is what types of compensation you will be eligible for in a Worker’s compensation case. The final tally will be the sum total of the following costs.
- All the medical treatments and care that you have received up until this point
- Any medical treatments needed in the future like surgery and therapy
- Lost wages along with wages that you will be losing into the future because of the illness or injury
- A disability payment if applicable
Even though the settlements for these cases can be very high, and Cellino Law has recovered many millions of dollars in Worker’s Compensation Benefits, every case is unique and presents its own important considerations. Insurance companies are not naturally inclined to make payments and will exploit every opportunity to avoid payments. For this reason, they will often offer a large cash sum as a settlement just before the case goes to trial.
This is because the insurance adjusters and opposition know full well that we have prepared all of our cases as if they will be decided before a jury. This is a good reason for our excellent track record of high-value worker’s compensation benefits for our clients.
They understand that when they come toe-to-toe with our legendary law firm they are coming up against a highly experienced and challenging opponent. This is why it is best to come up with a settlement rather than face us in a court of law. We are here to ensure your interests are respected and you receive the highest compensation due. Call our Worker’s Compensation attorneys in The Bronx, NY, for your claim settlement.
What You Need To Know About Returning To Work After An Injury
Some people think that once they have received their worker’s compensation, they will not need to worry about rushing back to the workplace. But, there are some important things to know. Once you have recovered and are ready for active duty you may return to your workplace and begin receiving your professional salary again. When this happens, workers’ compensation will only cover a portion of your income.
If you have returned to your place of work but are now operating in a different capacity and possibly collecting a reduced pay, you may also be eligible for a benefit that can cover the difference in your pay gap. If necessary, you will be able to continue treatments for your injury or disability even after you have returned to the workplace.
What Benefits Can I Receive Through A Workers’ Compensation Claim?
As mentioned earlier, Worker’s Compensation is an insurance plan designed to protect the worker in the unfortunate event of injury or illness due to job-related conditions. This compensation will cover the costs of medical expenses and lost wages due to these work-related issues.
Here is a list of the Workers’ Compensation benefits:
This is a weekly benefit that is = 2/3 the average weekly wage times the percentage of the disability of the worker.
These benefits are to compensate those who have become disabled or permanently disabled due to an injury that occurred before January 1st, 1979. Other beneficiaries will be widows and widowers whose spouse died on the job before January 1st, 1979.
This compensation covers the costs of Medicare treatments and services needed for recovering from conditions and injuries sustained in the workplace.
Social Security Benefits
This is for workers who have been severely injured and critically disabled for a minimum of 12 months. If the workers have injuries that will never fully heal they may also be eligible for a monthly benefit from Social Security.
This benefit is for the families of those who have died in a workplace incident or from a workplace-related illness or injury. Minor children or the spouse of the deceased may be eligible for these benefits.
Common Injuries That Occur In The Workplace
You may be reading this post because you are suffering pain or discomfort from a workplace-related incident. Maybe you performed an action or worked in conditions that have led you to poor health and physical discomfort.
Maybe you have even begun the long and drawn-out process of filing a worker’s compensation claim and realized that this task is a lot harder than you can possibly imagine. There are many details and particulars about these claims that can make it easy to make rookie errors. If your claim has recently been denied you may be wondering what happened. Maybe you have an upcoming appeal to make your case but you are now unsure of whether or not your injury was caused by your place of work or if you are suffering from a pre-existing condition.
These types of concerns are very common for workers across New York and many have felt the same way and it is without a doubt a confusing situation. But the good news is that we are here to help you all the way. We have represented cases of all types and we have found compensation and benefits in amounts that exceed the millions. We are experienced in these matters and know what it takes to make a solid claim.
What Types of Injuries Are Eligible for Workers’ Compensation?
There are countless ways that employees can become injured on the job and the same holds true across all types of industries. We assist clients who have received injuries of all types. Some of the injuries that are especially common in our line of work include:
- Broken Bones
- Knee Injuries
- Lifting Injuries
- Cement Burn
- Complex Regional Pain Syndrome
- Burn Injuries
- Construction Accident Injuries
- Injuries that result in the need for surgery
- Long-Term Workplace Illnesses
- Repetitive Stress Injuries
- Hearing And Vision Loss
- Shoulder And Neck Injuries
- Hospital Workplace Injuries
It should be noted that 50% of all workplace fatalities in NYC occur in construction sites. 30% of all workplace injuries are in the category of musculoskeletal injuries and often affect the tendons, joints, spinal discs, and other connective tissues in the body. The most common industries for these types of injuries include transportation, nursing, and manufacturing.
Partial Disability Versus Total Disability
When a worker is seeking compensation for a work-related injury their benefit will either be a total disability benefit or a partial disability benefit. When a person has been partially disabled it means that they have been partially prevented from earning a living as they have been.
These individuals will suffer limitations when conducting their regular day-to-day tasks involved with their professional role, nevertheless, they will still be able to perform their work albeit to a lesser degree than before. Often they will be assigned a lighter task.
In a case where the individual is no longer able to work and earn a living, this employee will be eligible for total disability payments. A partial disability payment often requires that the applicant actively searches for a position in which they will be able to operate and accept prospects they find.
It is understandably complicated to comprehend all the minutiae of Worker’s Compensation law and this is why it is always most advantageous to go this route with an experienced legal representative.
Cellino Law offices have a dedication to workers’ compensation law and getting injured and disabled employees the benefits they need. We work to make these legal processes as hassle-free for our clients who are already facing the hassles and pain of an illness, injury, or even the loss of life. Call our experienced attorneys and let us spearhead your case for compensation.
What You Need To Know About Employee Rights
You have certain rights that must be respected in these situations and a legal representative can keep you well-informed. For example, your employer may be required to keep your position open for you for a specific amount of time. This is made possible through the provision of the Medicare And Family Leave Act that states your job will provide you with a certain amount of unpaid leave while you recover from a medical condition.
This also means that your employer is not allowed to fire you from your position in their organizations. Once you have made a Worker’s Compensation case, your employer may not fire you and any future employers are not allowed to ask about your Worker’s Compensation History.
It is therefore important to maintain contact with your employer when you are not working so they are aware of your progress and the potential that you will be coming back to work. This will make sure your boss keeps your position open and also knows when you will be returning so they can make the necessary arrangements.
What Is The Workers’ Compensation Filing Process In New York?
Following you will find a basic overview of the claims process as it works in New York State. Of course, many of the details will change depending on the specifics of the situation. If you have any questions about your particular situation, call our attorneys at (800) 555-5555 and arrange a consultation. After your case has been reviewed, you will have a better perspective to plan your next move.
- Immediately after your accident have your injuries examined by a licensed member of the medical profession.
- Make sure you provide your employer with notification of your injury in writing within 30days of the incident.
- You will need to complete the Form C-3 (Employee Claim), and send it to the Worker’s Compensation District Office within two years of the accident and injury.
- After being notified of the injury or accident, your employer must complete Form C-2 (Employer’s Report of Work-Related Illness or Injury) within 10 days.
- Within 14 days of receiving the Employer’s Report, an insurance adjuster will issue a statement in writing describing your rights under these laws.
- Within 18 days of receiving the Employer’s Report, an insurance company may pay out the benefits.
- If the claim is approved through Workers Compensation, payments will be made every 2 weeks from the insurance company.
- The Board must receive progress reports on your conditions from your health provider every 45 days.
- If after 12 weeks you are still in the process of recovering, the insurance provider will reexamine the case to see if you need to receive essential rehabilitation treatment.
Contact Our Bronx Workers Compensation Lawyers for a Free Consultation
Processing a claim for workers’ compensation can be an extremely taxing and difficult task without a proper understanding of the process. IF you are looking to improve your chances in this endeavor, you need an experienced lawyer at your side to provide you with sound advice.
Contact our Bronx injury law firm today for a review of your case and the advice of a skilled Worker’s Compensation lawyer.