Workers’ Compensation is a type of insurance that is used to cover workplace accidents or job-related illnesses. Thus, if you sustain a workplace injury or accident, you will be entitled to Workers’ Compensation. If the injuries you sustained are deemed serious, usually Workers’ Compensation covers long term disability benefits. An experienced Queens workers compensation lawyer at Cellino Law will be able to help you both prepare and submit the proper documentation in order to get the full and just compensation you deserve.
Under the law, workers are usually entitled to getting the appropriate level of compensation once they have sustained any kind of injury no matter what the cause of the injury was. They are entitled to this in exchange for agreeing not to pursue legal negligence lawsuits against their employers. This exchange is effectively known as the “right of limited protection.”
Employers have to provide Workers’ Comp benefits by buying the requisite insurance or by self-insuring by law in the state of New York. There is a specific set formula that the state uses in order to set the benefits and include the appropriate payments for everything including lost income, medical expenses, and the time missed as a result of an injury suffered by an employee. The entire purpose of this law is to effectively protect a worker and their family while minimizing the necessity for additional litigation. However, navigating workers’ compensation claims can be difficult and it is not uncommon for them to be denied. If you are, having an experienced Queens injury attorney to fight for you can help you obtain the deserved compensation.
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What Types of Injuries Qualify for Workers’ Compensation in Queens?
If you find that you have suffered injuries while working, it becomes essential to understand what will and won’t be covered under the state laws as it relates to Workers’ Compensation. There are specific guidelines that are in place as it relates to the rules when it comes down to pursuing compensation. Just because you were at work when the injury occurred doesn’t necessarily mean you are automatically entitled or that you qualify for Workers’ Compensation benefits.
There are specific criteria you need to meet in order to be entitled to these benefits. To ensure you are entitled to this type of compensation within the state of New York, the incident that caused your injuries must fall under the specified criteria discussed below:
- Your employer has been mandated under the state law to hold this type of coverage.
- The disability, injury, or illness that you suffered must have occurred as a direct result of the work and activities that you perform while you were on-the-job.
- You have directly informed and have given notice about the accident that directly caused your injury or illness within 30 days from the date it happened.
- The medical reports you have obtained from a medical professional clearly and explicitly state that your disability, injury, or illness was directly caused by either the conditions or accident at your respective employer’s workplace.
It’s unfortunate, but even accidents and injuries that might initially appear to qualify for these benefits can still be disputed by the employer. Likewise, these benefits can also be disputed by the insurance providers of the said employer to limit liability. Thus, you need to have ample evidence to support your claims and direct support from a medical professional to be certain that you are going to receive just compensation.
Can Filing a Workers Compensation Claim Get You Fired?
There are various workers that suffer from these job-related injuries or illnesses at work that never get around to filing for any type of Workers’ Compensation because they fear it will negatively impact their ability to retain said job. Many workers throughout the entire state of New York assume that filing a claim will directly cost their employer’s money through this type of action. However, this isn’t true and it shouldn’t stop a worker from seeking just compensation.
A lot of the companies operating in the state of New York are fully covered by Workers’ Compensation insurance which means they are not going to be held directly liable for paying out claims made by employees that suffer from workplace injuries or illnesses. Likewise, claims will not negatively impact the job security of anyone that files one.
Can Domestic Workers Receive Workers’ Compensation in New York?
Throughout the state of New York, a lot of families hire people in the service industry including babysitters, gardeners, housekeepers, and even nannies. When someone in these occupations sustains a type of injury at their work, it is not always transparent as to whether or not the homeowner who pays them is recognized as an “employer” or whether the domestic worker is legally recognized as a “contractor.” Thus, it is essential to be fully aware that it is not legally required for a homeowner to act as nor be a company in order to hire employees.
In various cases, a domestic worker can actually be legally recognized as a “resident employee” that works to provide household services. Whenever a homeowner hires one or more people to perform tasks in their home, they are fully obligated to get the necessary Workers’ Compensation insurance they need in order to offer sufficient coverage to their employees handling domestic services.
What Is the Average Compensation Settlement for Workers’ Comp?
To get started, we will look at your case and work out the compensation that you are deserving of prior to reaching any type of settlement. The total amount that you get will be directly caused by the following criteria:
- All of the medical treatments and the medical care you have received up until this point
- Any specific medical treatments that you will require in the future including surgery
- Any lost wages along with the potential for future wages
- When applicable, a disability payment
Despite Cellino Law’s impeccable track record of recovering millions of dollars for victims of workplace injuries and illnesses, each case is unique. Insurance companies that are required to payout these cases are very skilled at what they do and they are fully prepared to minimize payment amounts for every case. This is typically the reason they seek to offer highly favorable settlements to clients we serve prior to taking the case to trial. Pretty much all of the opposing attorneys and insurance adjusters are fully aware that we not only fully analyze, but we prepare each of our cases to reach trial.
Directly related to our meticulous preparation, our clients are usually offered excellent settlements to each of our clients. After all, they are fully cognizant that we are a highly competitive opponent that they would rather not go against in trial where they would have to prove their case in a court of law. We are here to maximize your compensation for your Workers Compensation claim settlement in New York. To get your free consultation, you can contact us right now.
What You Need to Know About Returning to Work
Many individuals have the impression that once they have been approved to receive Workers’ Compensation they are not forced to return to work anytime soon. However, there are several important things you need to be aware of when it comes to returning to work after suffering any type of injury at the workplace. Returning as soon as you are ready will not only help with the recovery process, but it will entitle you to begin receiving your full salary again. The Workers’ Compensation claim is only going to cover a specified portion of your full income.
You should know that even when you do end up returning to the workplace in a different role and you end up receiving a salary that is lower than what you were paid prior to the injury, you will likely become eligible to receive a reduced earning benefit that replaces the loss of potential income. Likewise, when you return to the workplace, you might be a viable candidate to get fully covered treatments for your injury that was directly caused by the job you performed at the workplace.
What Benefits Can You Get From a Workers’ Compensation Claim?
Workers’ Compensation is essentially a type of insurance that is required by employers to offer a cash benefit or medical care to a worker that has suffered an occupational injury, illness, or disability.
The state agency is the New York Workers’ Compensation Board. This is where every single claim is processed. This board looks over the weekly cash and/or medical care benefit paid for by the employer to the insurance provider.
Below you will find a list of Workers’ Compensation benefits:
This is a benefit that is calculated at two-thirds multiplied by the average weekly wages X percentage of the disability of the worker.
These respective benefits are for the beneficiaries or the claimants who are deemed permanently disables as a direct result of an injury that occurred prior to January 1, 1979. Also, for widows or widowers who receive a death benefit as a result of the death of a spouse that occurred prior to January 1, 1979.
This benefit covers all of the required medical care that is directly related to an injury or illness that occurred at the workplace.
Social Security Benefits
This is a benefit for employees that continue to suffer from the disability for a minimum of 12 months. If the employee suffers from permanent disability, they will likely qualify for a Social Security benefit that is paid monthly.
This is for employees that died as a result of a workplace injury. The surviving dependents including the spouse and minor children could be eligible to receive this benefit.
The Common Injuries That Occur in the Workplace
You could be reading this post because you have suffered from either pain or illness that was directly caused by either an action related to your workplace or a recurring stress-related injury or occupational disease that was sustained as you were working on the job. You might have already begun the complicated process of filing out a Workers’ Compensation claim on your own. Yet, you might be unsure of how to not only complete the forms but to identify the right forms to fill out and submit. Or perhaps you have already submitted a claim and it was denied.
You now have to deal with a future hearing to appeal the decision or maybe you aren’t even sure if you are suffering from a valid workplace injury. You might even be in the position where your employer stated your injury was a direct result of a “preexisting” condition.
A lot of other workers throughout the state of New York have faced the exact same issues you are currently dealing with. Therefore, you shouldn’t get discouraged. We are here to help. Over the past few years, we have been able to assist all kinds of hard-working New York employees in order to fight for their right to receive just compensation after sustaining a workplace injury. We are highly experienced when it comes to assisting workers with these claims.
What Injuries Lead to Most Workers’ Comp Claims?
There are so many different ways employees can suffer from and sustain injuries while working, no matter the industry they are in. We are able to assist with all kinds of different workplace injuries. These include but aren’t limited to the following:
- Broken Bones
- Injuries Caused by Lifting Heavy Stuff
- Injuries That Require Surgery
- Burn Injuries
- Cement Burn
- Hearing and/or Vision Loss
- Accidents on Construction Sites
- Hospital Injuries
- Shoulder and/or Neck Injuries
- Repetitive Stress Injuries
Over 50 percent of all of the job-related fatalities in the city of New York occur on construction sites. Likewise, 30 percent of all injuries that occur in the workplace end up musculoskeletal disorders. These disorders usually affect the spinal discs, muscles, ligaments, and tendons and they occur most commonly in manufacturing, nursing, and transportation occupations.
Partial and Total Disability
When someone files a claim to receive their disability benefit, this benefit will ultimately fall under either partial or total disability benefit. When someone is partially disabled, it means they will have lost a specific level of their ability to earn a living. These individuals usually have some sort of limitation when they are performing basic required daily activities associated with their occupation and/or role yet they are still capable of conducting certain tasks within it. Meaning, they could take on a role that involves a lessened workload or in a part-time capacity.
When an employee begins to receive total disability benefits, they are not capable of working anymore or of earning an income. A partial benefit is likely to require the applicant to actively seek a position that they are capable of handling related tasks and to accept an offer for said position.
It can be very difficult to understand the restrictions that come with Workers’ Compensation benefits. However, it becomes much easier when you have someone legally representing you. Cellino Law offers full commitment to ensure these processes are easy to understand for each client we work with. We have professional Workers’ Compensation attorneys near Queens that are here to assist you with everything from filing for the benefits you are eligible for to understanding everything that is going on. You can contact us right now to discuss what we can do for you.
What You Need to Know About Employee Rights
You have specific rights that need to be protected if you happen to be injured at your workplace or while on-the-job. For instance, your employer might not necessarily be required to ensure they keep your specific job open. However, it is possible to secure your job because of the Medical And Family Leave Act. This act ensures that specific types of employees will be eligible to receive unpaid leave equaling 12 weeks over a 12 month period if you are diagnosed with any serious or critical medical issue as a result of your injury.
Your employer is not legally able to fire you when you make a Workers’ Compensation claim. Likewise, a new employer isn’t allowed to ask you if you have ever been through a Workers’ Compensation case.
When you are unable to work, it’s important to maintain an open line of communication with your employer Ensure that your boss is fully aware of your status at all times and when you might be able to get back to work. This can help to ensure that your boss and employer are fully informed as it relates to your ability to come back to work and to ensure that they don’t fill your position prior to you returning.
How Does Workers’ Compensation Work in Queens, NY?
Here we will be going over a simple and easy to follow overview of how the claims process will work in Queens, NY, when you file a Workers’ Compensation Claim. As always, feel free to contact our law practice in order to secure your consultation with the most qualified Workers’ Compensation lawyers. Directly from this meeting, you will be able to figure out what you need to know in regards to your rights and options.
Directly after suffering your accident or injury, head to a medical professional in order to seek out the medical care you need. You will also want to let your direct supervisor or boss know what has happened as soon as possible. By law, you are required to give written notification about what occurred within 30 days of suffering the accident or injury. Within 2-years from the injury or accident, you need to complete a Form C-3 which is an Employee Claim. You will need to send this through email to your Workers’ Compensation District Office in your respective area.
Upon receiving notification of the accident or injury, your employer is required within 10 days to report to the Board and their respective insurance company by completing their own Form C-2 which is the Employer’s Report Of Work-Related Illness or Injury. Within 14-days of receiving the Form C-2, the insurance adjuster is required to provide a written statement that states your rights under the Workers’ Compensation laws. Within 18-days of the Form C-2 being received, an insurance company can begin paying out the benefits provided the claim wasn’t approved or denied within 7-days.
Once you have an approved claim through Workers’ Comp, you can anticipate getting subsequent payments from the insurance company every 2-weeks. Every 45-days, reports of progress will need to be sent to the Board directly from your medical provider. If you are still in the process of recovering after 12-weeks, the insurance provider will decide whether or not it’s essential that you receive rehab treatment.
Contact Our Queens Workers Compensation Lawyers for a Free Consultation
It can be a very stressful and tedious process to file a claim for this type of compensation. That being said, it is a necessary process to ensure you receive just compensation.
In order to find out how our experienced and knowledgeable firm can assist you throughout the entire complicated process and to ensure you get the compensation you deserve, contact Cellino Law firm right now to speak with one of our personal injury attorneys in New York.