If you get hurt on the job, you shouldn’t have to worry about paying for medical care. You should also be able to depend on your employer to cover your wages until you’re ready to come back to work. And, for the most part, you are entitled to both of these things. In New York, employees who are hurt on the job are entitled to workers’ compensation benefits. And, if for some reason your claim is denied, you can call an experienced worker’s comp lawyer in Long Island.
What some people don’t understand is that your only recourse for a work-related injury is filing a worker’s comp claim. You can’t sue your employer like you would any other party. For example, if you fall and get hurt at a department store, you can file a personal injury lawsuit against the store. Or, if you get into a car accident, your Long Island injury attorney can file suit against the other driver. If you get hurt at work, the only thing you can do is file a worker’s compensation claim.
The law in New York, and just about every other state, protects employers. They don’t think it’s fair for employers to have to defend themselves in personal injury lawsuits every time an employee gets hurt. If they had to do this, they’d probably go bankrupt in no time. While this may not be true for huge corporations, it is definitely true for small and medium-sized businesses. So, if you do get hurt at work, you should call and talk to one of our experienced workers’ compensation attorneys in Long Island right away. This way, they can make sure your claim is handled properly from the start. They can also let you know if you have a possible legal claim against some other third party.
Your Only Remedy is Workers Compensation Benefits
Like it or not, you can’t sue your employer if you get hurt at work. All you’re entitled to is medical care and replacement wages. And, in order to receive them, you need to meet certain criteria. In order to qualify for workers comp, you have to meet the following requirements:
- Your injury must take place while you’re on company time
- Generally speaking, the accident must take place on company property
- You can’t be under the influence of drugs or alcohol at the time of your injury
- You must comply with all of your company’s policies regarding workplace accidents and injuries
- You have to report the accident to your manager or Human Resources
- You need to be treated by a company-approved doctor and follow their treatment recommendations
- You need to return to work when your doctor deems you ready to go back
- You must submit to a drug test immediately after your accident
If you do all of these things, there’s a good chance that you’ll qualify for benefits in Long Island. However, there are certain things you won’t be able to sue your employers for, such as pain and suffering. You also won’t be able to sue your employer for property damage. For example, if you break a piece of jewelry in your work-related accident, you aren’t going to be reimbursed for this.
There are times when you can sue a third party for your work accident. However, this is limited to cases where someone other than your employer was negligent and caused your accident and injuries.
Call and Talk to an Experienced Workers Compensation Attorney in Long Island
Most people who get hurt at work have no problem getting workers’ compensation benefits. However, there are times when these claims are denied. If this happens to you, then it’s a good idea to call a skilled Long Island workers comp lawyer at Cellino Law sooner rather than later. Your attorney will make sure the insurance company handles your claim properly. If your claim is denied, they’ll help you file an appeal. And, worst case, they’ll help you file a worker’s comp lawsuit against your employer.
While your work injury attorney can’t get you personal injury damages for your work-related accident, they can get you the benefits to which you’re entitled. The only way to know for sure is to call and schedule your free initial consultation right away. Sit down with someone who’s handled plenty of cases like yours in the past. They can help negotiate your claim so you start getting your benefits right away. The consultation is free, and you don’t have to pay until your case is resolved.
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I am writing this letter to say how much I appreciate your services pertaining to my case. Your injury attorney took a hands-on approach and left me fully informed at all times as to where my case was going as well as how much ground we had to cover; leaving the final decisions in my hands but making sure that I knew all of the risks involved in the choices. I have dealt with a few law firms in my life on various different cases and this is the first time that I never had to call and/or track down my lawyer… because of this, I have and will continue to recommend Cellino Law to my friends and associates.
Tim Cellino handled my case beautifully. He is very knowledgeable and patient with all my questions. He kept in touch with me through out my ordeal. Tim also got a settlement for more than I expected. I highly recommend Tim Cellino!
Cellino Law is an amazing firm with a great team. I worked with Greg Pajak and his assistant, Tracey Falconer. I cannot express enough how dedicated they are. The personal attention I received was excellent; they were always available to help with questions and concerns and put me at ease in the unknown territory I found myself in. I highly recommend them to anyone needing representation. A huge thank you to them for all they accomplished for me!
Now that reality has set in, I want to thank you for all your work and assistance in obtaining my settlement for the pelvic mesh. This money will make my life so much easier in the future. Medicare just isn't sufficient. I know that I will have enough to live on. I truly appreciate of your efforts. Thank you!
Mark Kochanowicz is from far the best attorney you can have. Mark treats you like a friend more than a client. He truly cares and go the extra mile for you and your case, contacts you to update you in regards to your case and keep you informed at all times. Mark represented me twice and settled my cases for way more than I expected. I highly recommend Mark Kochanowicz because he is just the best on what he does!!! Thank you Mark!!!!
Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.