Workers’ compensation is a type of insurance that is intended to help workers recover from occupational illnesses or on-the-job accidents. It provides lost wages and medical benefits to ill or injured workers. If you were injured at work, then workers’ compensation will likely be involved. If you have been seriously injured, then long-term disability benefits should be covered by workers’ compensation. An experienced Buffalo workers compensation lawyer can help you prepare and submit your claim to receive compensation.
Under workers’ compensation law, workers are usually entitled to get financial compensation after being injured, no matter what has caused their injuries. In exchange for the right of limited protection, workers are not allowed to sue employers for negligence.
Employers are required to offer workers’ compensation benefits by self-insuring or buying insurance under New York State law. A state formula is used to set the benefits and includes payments for placing lost income, medical care and time off due to medical reasons that relate to the worker’s injuries. Workers’ compensation is ultimately designed to protect workers as well as their families, and also minimize the necessity for litigation as well. Though, if you have a claim denied or require help filing one contact a Buffalo personal injury lawyer.
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What Are Common Injuries That Buffalo Workers Compensation Lawyers Represent?
Some of the most dangerous working conditions in the United States are located in New York. Although the construction industry and other industries have inherent dangers associated with them, an accident can happen in any kind of work environment.
Some of the more common kinds of workplace accidents that occur in New York state include the following:
- Slip & Fall Accidents
- Defective Equipment
- Car Accidents
- Office Accidents
- Building Collapses
- Crane Accidents
- Construction Accidents
- Warehouse Accidents
- Industrial Accidents
- Hospital Accidents
- Port/Dock Accidents
- Mining Accidents
- Refinery Accidents
- Forklift Accidents
- Welding Accidents
- Scaffold Accidents
- Chemical Accidents
- Heavy Machinery Accidents
Those are just some of the kinds of accidents that have caused our clients to become injured. However, we can help injured workers who have been involved in any type of accident.
Which Injuries Qualify in New York for Workers’ Compensation?
If you were injured on the job, it is essential to understand what is covered and what is not under the workers’ compensation laws in New York state. Strict guidelines are created by these rules regarding workers and the rights they have for pursuing compensation. Just because you were working at the time you were injured does not automatically mean you will qualify to receive benefits.
In order to be covered under the compensation laws in Buffalo, New York, the incident that caused your injuries must fall under the categories below:
- You must work for an employer in a capacity that is mandated under New York state law to have workers’ compensation coverage.
- The disability, illness, or injury that you suffered was sustained due to your work and while you were performing duties that related to your employment.
- You provided your employer with written notice of the accident that caused your illness or injury within 30 days of its occurrence.
- Your medical report states your illness, disability, or injury was caused by a workplace condition or accident.
Unfortunately, even accidents that clearly qualify for workers’ compensation might be disputed by employers as well as their insurance companies. Strong evidence will need to be collected and you will need support from medical professionals in order to provide you deserve and need compensation for as long as you need it.
How Much is the Average Workers’ Compensation Settlement?
First, we will compute how much compensation you should receive before a settlement is reached. The amount will be based on the following:
- All medical treatment received to date
- Any future medical treatment, such as surgery
- Disability payments, when applicable
- Lost wages as well as any future lost wages
Although our law firm has recovered millions of dollars for injury victims, every workplace accident case is unique. Insurance adjusters understand how to prepare meticulously for each case. This is why they tend to offer a great settlement to our clients before their cases go to work. Each opposing attorney and insurance adjuster in New York knows that we research and prepare every case as if it will go to trial.
That is why they tend to offer a very good settlement to our clients. They know we are a very formidable and strong opponent and they want to avoid having to go to trial and face us in court. We can help you receive a higher amount for workers’ compensation claim settlement in New York. For a free consultation, call us today.
Is Job Security Affected By A NY Workers’ Compensation Case?
There are many workers who were injured on the job that might feel they cannot file a claim for workers’ compensation because they are afraid they might lose their job. Workers in New York state often assume that it will cost the employer money if they pursue a workers’ compensation claim. However, that is not true. Most businesses in New York have workers’ compensation insurance. Therefore, they do not have for employee injuries from the company’s money. A workers’ compensation claim should not affect your job security.
Can Domestic Workers In New York Receive Workers’ Compensation?
Many families in New York rely on the help of nannies, gardeners, housekeepers, and babysitters. Whenever a domestic worker is injured, it might not be clear whether the domestic worker is a contractor or the homeowner is considered to be an employer. Keep in mind that it is not necessary for a homeowner to operate a business in order to have “employees.” In some cases, domestic workers might be considered to be “resident employees” providing household services. When homeowners hire employees for their residence, they are required to get workers’ compensation insurance that covers domestic workers.
Going Back to Work After A Workers’ Comp Claim
Some people think that once they have been approved to receive workers’ compensation benefits, that they don’t have to hurry to return to their job. However, there are important things to know about going back to work following an injury. It will not only help with your healing process by becoming active once again, but you also will receive your full salary amount again as well. Workers’ compensation covers just part of the income that you earn while you are working.
Even if you return to work in a different position and you have a lower salary than before your injury, you might be eligible to receive a reduced earnings benefit to make up for the loss in income. When you go back to work, you still might be eligible to get treatment for your job-related injury.
There are certain rights that you have that need to be protected whenever you are injured at work. For example, although your employer is not required to keep your job open, it is possible to do since the Family and Medical Leave Act allows some employees to receive 12 weeks’ worth of unpaid leave during a 12-month period when they have serious medical issues. You cannot be fired by your employer if you have filed a workers’ compensation claim and potential new employers cannot ask you if you have any workers’ compensation cases.
It is very important to stay in communication with your employer while you are unable to work. Keep your boss updated on your status and when you might possibly be able to return. That will allow you to keep your employer informed regarding your return to work and to see if your position is open still.
What Workers’ Compensation Benefits Are Available In New York?
Workers’ compensation is a type of insurance that provides medical care and/or cash benefits to workers who were injured at work or who sustained an occupational disease or illness.
The Workers’ Compensation Board in New York is a state agency. It processes claims and the employer’s insurance company pays for medical care and weekly cash benefits under the Workers’ Compensation Board’s direction.
The following are Workers Compensation benefits:
The weekly benefit = 2/3 x average weekly wages x % of the worker’s disability.
Benefits for claimants or beneficiaries who have been classified as being permanently disabled due to an injury that took place before January 1, 1979, and widowers or widows who are receiving death benefits due to the death of their spouse that happened before January 1, 1979.
For all Medicare care that is necessary for the original illness or injury and to recover from a disability.
Social Security Benefits
For employers who are seriously and continuously disabled for a minimum of 12 months. If permanently disabled, the individual might be eligible to receive Social Security monthly benefits.
For employees who die due to a compensable injury. The surviving spouse and/or their minor children or dependents might be entitled to receive death benefits.
Total Disability Versus Partial Disability
Whenever a person files to receive disability benefits, the benefits will be categorized as either total disability benefits or partial disability benefits. When an individual is partially disabled, that means they have lost some of their ability to earn a living. They have limitations when it comes to their work performance or daily activities, but they still can perform certain tasks like a position that involves lighter work or a part-time job. An individual receiving total disability is no longer able to work at all or earn any income. Partial disability benefits might require you to actively look for work that you are able to perform and to accept an offer for this work.
It can be difficult to understand all of the different restrictions related to workers’ compensation. However, it is a lot easier if you have experienced legal representation working on your behalf. Cellino Law is committed to making the process as easy as we can for all of our clients. Our NYC workers’ compensation lawyers are available to help you file for benefits successfully whenever you need them the most. Give us a call today to find out how we can assist you.
How Does Workers’ Compensation Work In The State Of New York?
Below is a basic description detailing the workers’ compensation claims process in the state of New York. However, it can vary depending on your specific situation. You are also welcome to call our firm any time to get a consultation scheduled with one of our experienced and skilled compensation attorneys, to find out more about your specific legal options and rights.
- Immediately following the accident, seek medical treatment, and inform your supervisor about what has occurred.
- Within 30 days of your injury, provide your employer with written notification of what has happened.
- Within two years of your injury or accident, fill out Form C-3 (Employee Claim) and mail to your local Workers’ Compensation District Office.
- Your doctor should complete a Form C-4 (Doctor’s Initial Report) within 48 hours of your accident. This form should be mailed to your local District Office, and copies should be sent to the injured worker, insurer, and employer.
- Within 10 days of being notified of your accident, your injury must be reported by your employer to the insurance company and Board by filling out Form C-2 (Employer’s Report of Work-Related Injury/Illness).
- Within 14 days of the Employer’s Report being received, the insurance company will issue a written statement to you of your rights under the law.
- Within 18 days of the Employer’s Report being received, the insurance company will start to pay benefits, as long as the claim has not been denied or approved within seven days.
- After a workers’ compensation claim is approved, you will start receiving payments every two weeks from the insurer.
- Every 45 days, a progress report must be submitted to the Board from your doctor.
- If you are recovering still after 12 weeks have passed, the insurance company will determine whether it is necessary for you to have rehabilitation treatment.
It can be very stressful to file for workers’ compensation. However, it is often necessary to ensure that you get the benefits that are owed to you.
To learn more about how our Buffalo injury firm can help guide you through the workers’ compensation claims process and help you get the full benefits that you are entitled to receive under workers’ compensation law, call Cellino Law.
Can You Appeal A Denied Workers’ Compensation Claim?
When a claim is filed by a worker, the employer’s workers’ compensation insurance company might: contest part of a claim, contest the claim or accept the claim that an injured worker has filed. Workers’ compensation claims get paid after the insurance company or employer agrees that the illness or injury is work-related. If the claim is disputed by the insurance company or employer, then no cash benefits are paid until the case is heard by a workers’ compensation law judge to determine who is correct.
The Workers’ Compensation Board in some cases might have a hearing held before a judge. If it is determined by the judge that the claim is valid, then the judge will determine the duration and amount of the compensation award.
Both sides have the right to appeals the decision within 30 days of the judge’s decision being filed. If it is granted, then a panel made up of three board members reviews the case. The panel might:
- Modify the decision of the judge
- Rescind the decision of the judge, or
- Restore the case for further development to the judge
If the members of the panel are unable to come to a unanimous decision, you might be able to apply for a full board review, which can rescind, modify, or affirm the decision made by the judge.
In order to appeal a decision made by the board panel, it must be taken within 30 days to the Third Department of the Appellate Division of the New York State Supreme Court. The Appellate Division’s decision can be appealed to the Court of Appeals.