Workers’ Compensation is a type of insurance that is available to help workers recover from either an occupational illness or on-the-job accident. If you sustain an injury at work, Workers’ Compensation will get involved in most cases. If you have suffered a serious injury, usually, Workers’ Compensation will cover a long-term disability benefit. If you need to get a claim submitted, an experienced Staten Island workers compensation lawyer can help you prepare and submit the right documentation so that you can obtain the compensation you need and deserve.
Under Workers’ Compensation Law, typically, workers are entitled to receive financial compensation after sustaining an injury, no matter what caused the injury. Workers must agree to not sue their employers for negligence in exchange. This is referred to as the “right of limited protection.”
Employers are required by law to provide their employees with Workers’ Compensation benefits through self-insuring or purchasing insurance according to New York State law. The state has a formula that is used to set benefits including payments for lost income, medical care, and time off that is caused by a medical issue related to the worker’s injuries. Workers’ Compensation exists to protect workers and their families, and also to reduce the need for additional litigation. Unfortunately, benefits for work injuries are frequently denied. If that happens to you, call our personal injury attorneys in Staten Island to make sure you receive the proper amount of compensation.
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Workers Compensation Claims In New York State
New York is well-known for having some of the most hazardous working conditions in the United States. Although the construction sector and other industries have inherent dangers associated with them, accidents may occur in all types of working environments.
The following are some of the most common kinds of accidents that take place in Staten Island, NY workplaces:
- Refinery Accidents
- Forklift Accidents
- Mining Accidents
- Scaffold Accidents
- Heavy Machinery Accidents
- Welding Accidents
- Chemical Accidents
- Industrial Accidents
- Dock or Port Accidents
- Warehouse Accidents
- Crane Accidents
- Hospital Accidents
- Construction Accidents
- Car Accidents
- Building Collapses
- Slip and Fall Accidents
- Office Accidents
- Defective Equipment
Those are just some of the types of accidents that have resulted in injuries for numerous clients of ours. However, we are available to help injured workers who have been involved in any type of work-related accident.
What Kinds Of Injuries Qualify For Workers Compensation In Staten Island, NY?
If you suffered an injury at work, it is very important to know what is covered and what is not under the Workers’ Compensation laws in New York State. Strict guidelines are in place that relates to the rules of workers’ rights when they are pursuing compensation. Even if you were at work when you suffered an injury, that doesn’t always mean you will qualify automatically to receive benefits or compensation.
To make sure you are cover under the workers’ compensation laws specific to New York State, the accident that has caused your injuries needs to fall within one of the categories that is listed below:
- Your employer was mandated under the laws of New York State to carry Workers’ Compensation coverage.
- The disability, illness, or injury that you have sustained was caused by the work that you do while you were on the job and directly relates to your employment.
- You provided noted in writing to your employer about the incident or accident that resulted in your illness or injury within 30 days from when your accident took place.
- Your medical reports state clearly that your illness, disability, or injury was caused directly by an accident or workplace condition.
Unfortunately, even events or accidents that seem to qualify for Workers’ Compensation benefits can be disputed by your employer in addition to the insurance companies of the employer. You are going to need to have strong support and evidence from medical professionals in order to ensure that you obtain the compensation that you need for the amount of the time that you are going to need it for your recovery.
Who Pays Staten Island Workers’ Compensation Claims?
Some workers who suffer injuries while they are work assume they cannot file a claim with Workers’ Compensation because they are afraid they will be fired if they do. Workers across New York state also think that it will cost their employers money if they pursue a Workers’ Compensation claim, which makes them hesitant to file a claim. However, that is not true. Many New York companies are covered by the Workers’ Compensation Insurance that they carry. That is why companies are not liable to pay for the injuries of their employees and any claims that are filed should not affect the injured applicant’s job security.
Can Domestic Workers In New York State Receive Workers Compensation?
In New York State, many families hire nannies, gardeners, housekeepers, and babysitters. Whenever a domestic worker suffers an injury on the job, it isn’t always clear whether or not the homeowner is considered to be the employer or the domestic worker is considered to be a contractor. It is very important to know that homeowners are not required to act as an employer in order to hire employees. In some situations, domestic workers may be considered to be “resident employees” who provide household services. Whenever a homeowner hires one employee or more to perform work at their home, they are required to purchase Workers’ Compensation insurance to cover all of their domestic workers who are working at their residence.
What Is The Average Settlement Amount For Workers’ Compensation Claims?
To start the process, our attorneys will work out the amount of compensation that you deserve before we reach a settlement. This amount will relate to the following factors:
- All of the medical care and treatments that you have undergone up to this point
- Any future medical treatments you might need in the future such as surgery
- Disability payments where applicable
- Lost wages and any wages that you will lose in the future as a result of your injury
Although our experienced Cellino Law attorneys have recovered millions of dollars for our injury victim clients, every workplace accident case is unique. Insurance companies are highly skilled in terms of meticulously preparing for each and every case they work on. That is why they normally offer very favorable settlements to our clients before their cases ever go to trial. All of the opposing attorneys and insurance adjusters know that we thoroughly prepare and analyze our cases based on the assumption that they will go to trial.
Usually, that is why they offer all of our clients very high settlement amounts. They know that we are a highly challenging and very strong opponent. That is why prefer to avoid the possibility of going to trial since they will have to go against our attorneys in court. We will ensure that you get the highest possible amount on your Workers’ Compensation New York claim settlement. Contact us today for your free consultation.
What Benefits Can A Staten Island Workers Compensation Lawyer Help Me Receive?
The reason why Workers’ Compensation exists is to offer a type of insurance that provides medical care and/or a cash benefit to workers who have suffered injuries while they were at work or have sustained an occupational disease or illness.
The state agency is the New York Workers’ Compensation Board. That is where the claims get processed and the employer’s insurance provider pays for the medical care and weekly cash benefit during the Workers’ Compensation Board’s direction.
The following are Workers’ Compensation benefits that you may be eligible for:
The cash benefit is a weekly benefit that is = 2/3 x the worker’s average weekly wages X the worker’s percentage of disability
These benefits are for claimants or beneficiaries who have been classified as being permanently disabled due to an injury that took place prior to January 1, 1979, and widowers or widows who obtained a death benefit due to the death of their spouse that took place prior to January 1, 1979.
This benefit covers all of the medical care that is necessary for the original illness or injury and to recover or heal from disabilities or injuries.
Social Security Benefits
This benefit is for employees that have been critically and continuously disabled for 12 months at least. If an employee is permanently disabled, then they might qualify to receive a monthly Social Security benefit.
This benefit is for employees who died and whose death was caused by a work-related injury. Their spouse, minor children, or surviving dependents might be eligible to obtain a death benefit for their loved one’s death.
Total Disability And Partial Disability
When a person files a claim in order to obtain a disability benefit, the benefit will either be a total or partial disability benefit. When an individual is partially disabled, it means they may have lost a certain part of their normal capability to earn a living.” Those people have limitations when they are performing their normal daily activities, but will still have the ability to perform certain tasks and that can mean their role involves either lighter or part-time work.
When an employee begins to receive a total disability benefit that means they are unable to earn an income or work any longer. A partial disability benefit might require the applicant to actively search for a position they are capable of doing and to accept an offer for that kind of work.
It is frequently confusing to understand the different restrictions that relate to Workers’ Compensation. However, if you have legal representation, it becomes much easier. Cellino Law is committed to making those processes as hassle-free as possible for each of our clients that we represent. Our Workers’ Compensation lawyers in Staten Island are here to help you file for benefits. Give us a call today to discuss whether we can help you with your claim.
Can You Be Fired In New York For Filing A Workers’ Compensation Claim?
There are certain rights that you have that should be protected at all times if you become injured at work. For example, your employer might not be required to keep your job open. It became possible to secure that right since the passage of the Medical And Family Leave Act. It ensures that certain kinds of employees received unpaid leave equivalent to 12 weeks in value over the course of 12 months if you have been diagnosed with a critical or serious medical condition.
Your employee cannot fine you for making a Workers’ Compensation claim. A prospective new employer also cannot ask you if you have had any Workers’ Compensation cases in the past.
It is very important for you to stay in communication with your employer when you are unable to work. Ensure that your boss knows what your status is or when you might be able to return to work. That will ensure that your employer stays informed about you going back to work and ensuring that your position stays open.
What Is The Process Of Filing A New York Workers’ Compensation Claim?
The following is a basic overview of New York state’s Workers’ Compensation claims process. Remember that is can vary depending on your specific situation. Please feel free to call our firm to schedule a consultation with our professional and skilled compensation attorneys. In this meeting, you will learn everything you need to know about your options and legal rights.
Immediately following your accident, seek medical care by going to a hospital or doctor. Also, tell your boss or supervisor what has just happened. You are required to provide your employer with written notification of what took place within 30 days of when you were injured. Within 2 years of the injury or accident, Form C-2 (Employee Claim) should be completed and emailed to your local area’s Workers’ Compensation District Office.
After your employer has been notified of the accident or injury, they must report it to their insurance company and to the Board by filling out Form C-2 (which is called the Employer’s Report of Work-Related Injury or Illness) within a period of 10 days. The insurance adjuster, within 14 days of getting the Employer’s Report, is required to issue you a written statement that states what your right are under those laws. Within 18 days of receiving the Employer’s Report, the insurance company may start to pay benefits, as long as the claim was not denied or approved within 7 days.
After Workers Compensation has approved your claim, you can expect to receive payments directly from the insurer every 2 weeks. Every 45 days, your doctor or healthcare provider must send progress reports to the Board. If you are still recovering after 12 weeks, the insurance company will determine if you need to receive rehabilitation treatment.
Filing a claim for compensation can be a very stressful process. However, it is often very necessary to ensure you receive the benefits that you deserve.
To learn more about how our experienced injury law firm in Staten Island can help guide you and assist you through the complicated claims process for Workers’ Compensation and ensure you obtain the maximum benefits that you entitled to receive under Workers’ Compensation law, call Cellino Law firm and speak to one of our experienced lawyers today.
Important Things To Know About Workers’ Compensation Hearings And Appeals
When a claim is filed by the worker the employer’s Workers’ Compensation insurance company might accept or contest the claim, or it might contest part of the claim that has been filed by the injured employee. A Workers’ Compensation claim only pays out after the insurance company or employer has agreed that the illness or injury is work-related. If those claims are contested or disputed by the insurance provider or employer, then no benefits are paid until the case has been presented before a Workers’ Compensation judge who will determine which party is right.
In certain cases, the Workers’ Compensation Board will hold the hearing in front of the appropriate judge. If this judge determines your claim is valid, then the judge will determine the duration and amount of compensation you will get.
Both sides are allowed to appeal the decision within 30 days of the judge filing his or her decision. If granted, the case will be revied by a 3 board member panel. The panel can:
- Rescind the judge’s decision
- Modify the decision made by the judge
- Restore your case to a judge for ongoing developments
If the panel members are unable to agree on a decision, you might be able to apply to get a comprehensive board review. This will either rescind, change, or confirm the decision made by the judge.
In order to appeal a decision made by a Board panel, it must be done within a 30-day panel. That appeal must be provided to the New York State Supreme Court’s Third Department of the Appellate Division. The Appellate Division’s decision can be further appealed to the Court of Appeals.