The type of insurance designed to help employees that have either been injured on the job or have occupational illnesses is known as workers’ compensation insurance. If you sustain injuries at your place of work, workers’ compensation insurance will be activated.
It can be challenging to submit a claim without the assistance of a Greenburgh workers compensation lawyer. At Cellino Law, we can help you prepare relevant documents and submit all information required in time to ensure that you receive your compensation.
Workers’ compensation benefits are typically provided by employers, by law, but it is also available for those that are self-insured according to New York State laws. In New York, there’s a formula used to determine the benefits related to medical care, income loss, time off, as well as the medical reason that they have actually sustained injuries.
Workers’ compensation protects the worker along with his/her family and reduces the need to file any lawsuits. Unfortunately, work injury benefits are regularly denied. If and when this happens, our personal injury attorneys in Greenburgh at Cellino law will ensure that you are fairly compensated.
Qualifying Injuries for Workers’ Compensation in Greenburgh, NY
If you sustained an injury on the job, it is important to know what protections you enjoy under the Workers’ Compensation benefits in Greenburgh, NY. The state uses rather stringent guidelines, creating numerous rules originally designed to possibly subvert those seeking compensation of some type. If you sustained the injury at work, it doesn’t automatically mean that you are eligible to receive any type of compensation or benefits at all.
You must ensure that you are covered under these compensation laws according to the rules set up in New York and that the incident led to your injuries must be in one of the categories below:
- The company you work for has to be mandated to have Workers’ Compensation coverage in New York.
- The illness, disability, or injury that you sustained must have happened when you were on duty and must relate to the job.
- Your employer should have given you notice, in writing, about the accident/incident that resulted in the injury or illness within 1 month of when it occurred.
- The medical reports you receive should show that your disability, injury, or illness was a direct consequence of the conditions at your workplace as well as your accident.
Benefits A Greenburgh Workers Compensation Lawyer Can Help You Receive
Workers’ Compensation is a type of insurance specifically designed to provide cash or medical benefits for workers injured on the job as a result of occupational injuries, illness, or disease.
All claims are processed at New York’s Workers’ Compensation Board. It is also where employees pay a weekly cash benefit, along with medical care, directed by this board that’s based in New York.
Here is a list of current Workers’ Compensation benefits:
- Medical Benefits
- Supplemental Benefits
- Cash benefits
- Death Benefits
- Social Security Benefits
Can You Be Fired for Filing a Workers’ Compensation Claim in New York?
Certain rights must always remain protected, especially if you are injured on the job. For instance, your employer does not need to keep your job open. Due to this, it can be secured via the family medical leave act that allows employees to receive up to 12 weeks of unpaid leave or up to 1 year of leave because of a serious or critical medical issue.
Employers are not allowed to fire their employees who file workers’ compensation claims. Likewise, new employers are not allowed to ask employees if they have ever filed one.
Maintaining proper communication with the employer is very important if you are unable to work. You need to ensure that your boss understands your status as well as when you are able to come back. If you keep your employer informed, it ensures that your position won’t be filled before you come back.
How Do You File a Workers’ Compensation Claim in New York?
If you have sustained an injury at your place of work after getting into an accident, you need to go to a doctor or hospital immediately. It is also important to ensure that you let the supervisor know exactly what transpired. You should also give your employer notification of what happened, in writing within 30 days. You have a period spanning 2 years from the date of your accident or injury to file an Employee Claim Form. this form should be sent to the main Workers’ Compensation office in your city.
Once you have notified your employer, they are required to report the incident to their insurance provider using form C-2 within 10 days. Upon receiving the Employer’s Report, the insurance adjuster is required to issue some type of statement, in writing and within 14 days, showing what your rights are so that you may know. The insurance company can start paying out your benefits after 18 days unless your claim was denied within 7 days of it being filed.
Once your Workers’ Compensation claim has been approved by the insurance company, you will be receiving payments every couple of weeks. You are required by law to send progress reports to the Board every 45 days, specifically from your doctor. If you are still recovering after 12 weeks have gone by, the insurance company is required to consider the possibility of giving you rehabilitation treatment.
What You Need to Know About Workers’ Compensation Hearings and Appeals
Once you have filed your workers’ compensation claim, your employer can choose to do one of the following: accept the claim, contest a portion of the claim that has been filed, or contest the claim in its entirety.
A workers’ compensation claim is only designed to pay out once through the employer, or the insurance provider must have made an agreement on the type of injury or illness that the person has suffered. If the claims are over disputed or the employer or the insurance company decides to contest the claim, the benefits won’t be awarded and the case has to be presented in court before a judge who will give the final verdict.
The Workers’ Compensation Board may decide to have its hearings in front of a judge. If the judge determines that your claim is indeed valid, he/she will then decide on the duration as well as the compensation amount that you will be receiving on a regular basis.
It is actually possible to appeal the judge’s decision, whether you are the employee or employer, for a period of 30 days after the judge has reached a final decision. If the appeal is granted, there will be 3 board members that will form a panel to review the case. The panel can do one of the following:
- Restore your case as related to ongoing developments with that specific judge
- Rescind what the judge decided to do
- Modify the decision of the judge
If members of the panel are unable to agree with each other, you can apply for a comprehensive board review that will lead to changing, rescinding, or confirming the decision made by the judge.
If the goal is appealing the decision made by the board, you are required to do this within 30 days. The appeal has to be presented to the Appellate Division of the Supreme Court of New York State, specifically the Third Department to make a decision. The decision that the Appellate Division makes can also be appealed, by taking it to the Court of Appeals for another decision to be made. If you have been denied a workers compensation claim contact our Greenburgh injury firm at 800-555-5555.
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Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.
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