Worker’s compensation refers to the insurance provided for workers in case they get an accident while on the job or illness caused by the environment at the workplace. The compensation is intended to help the workers recover. If your injury is serious, worker’s compensation can help in getting you long term disability benefits. To the compensation you deserve, it is best to get a qualified and experienced White Plains workers compensation lawyer to help you with the case. Cellino Law is a firm in White Plains that can help you get the compensation you deserve. The lawyer will be able to help you in filing the documentation needed to make the case.
Workers’ compensation benefits are provided by the employer and are a requirement by law. The employer does this by purchasing insurance for all the employees. The New York State law has provisions for the compensation, in that they have the rules and formula for setting the benefits. These include payments for any income that is lost due to the injury/illness, any medical care needed, and any time is taken off work as a result of the injury/illness.
The process of getting these benefits is often tiresome and most times the claim is denied. Having an experienced White Plains personal injury lawyer will help you get the compensation. Our personal injury attorneys know how to get you the compensation you are owed and will represent you through the process. They will also communicate the progress of the case.
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Injuries That Quality for Worker’s Compensation in White Plains, NY
Worker’s Compensation guidelines are strict which is why many claims end up being denied. Knowing which injuries are covered under the worker’s compensation law is very important as it enables you to know how to go about the case and the injuries that best qualify for the compensation.
According to the New York State Law for worker’s compensation, the accident that causes the need for compensation should be in the following brackets;
- If your employer was supposed to get worker’s compensation coverage for the workplace as mandated by law.
- The injury/illness/disability was caused by the work you do and also happened while you were doing the job.
- There is written communication between you and the employer explaining the incident that took place and the results i.e injury/illness within 30 days of the accident.
- Medical records show that the injury, illness, or disability was caused by the accident or the conditions in your workplace.
What most employees do not anticipate is that employers and the insurance companies covering the employer deny these benefits more often than not. Even a case that looks clear cut can be difficult to handle and get the compensation that you deserve. You need strong evidence to show that the compensation is deserved. This includes evidence from qualified medical professionals.
Can You Lose Your Job When Filing For Workers Compensation in New York?
There are times when your employer may be allowed to keep the position that you hold in the workplace open. If your company provides unpaid leave for a certain number of months according to the Medical And Family Leave Act. If the law requires you to have 12 months’ leave for critical medical conditions, your employer should keep your position open till you get back.
Your employer is not supposed to fire you if you make a worker’s compensation claim as this is within your rights. If you are looking for employment, a potential employer cannot as if you have filed for worker’s compensation in your previous employment.
You should stay in communication with your employer should your accident render you unable to work. Keeping the employer updated on your status will ensure that they can know how long your position will be open and make arrangements for that position until you can return.
The Process Of Filing For Workers Compensation in New York State
The process may differ depending on the specifics of the case for everyone. The process below shows how you would handle a worker’s compensation case. Call our firm and schedule a consultation with our experienced attorneys. They will help you in understanding different options and your rights.
Once you have been involved in an incident at work, seek medical attention immediately. Communicate the incident via a written note to your employer, this does not have to happen immediately, though. You have a thirty-day window from the day of the incident to provide your employer with the note. An Employee Claim or Form C-2 should be sent to the Worker’s Compensation District Office in your area within two years of the incident.
Once your employer gets notice of the injury/accident, they should report this to their insurance company as well as the Board. This is done by filling out the Employer’s Reports of Work-Related Injury/Illness and should be completed within 10 days. Within two weeks of that, the insurance adjuster should notify you of your rights according to the law, and they do this via a written statement. If your claim is accepted within 7 days, you can wait for 18 days for the insurance company to start paying benefits once they have received the Employer’s Report.
Once the claim has been accepted, the payments from the insurance company come in durations of 2 weeks. Your medical progress is sent to the Board every 45 days by your doctor. After 12 weeks in recovery if you are still not at full health the insurance company determines whether you are liable for rehabilitation treatment.
How Can a White Plains Workers Compensation Lawyer Help an Appeal?
If a claim is filed by a worker in White Plains, NY, the insurance company can accept or deny the claim. If it denies it means that it contests the whole claim or part of it. A worker’s compensation claim cannot pay out unless the insurance company, as well as the employer, agree that the injury is work-related. If the insurance company opts to contest the claim, the worker will not get any benefits until a judge rules that the worker should get the payments.
If the claim is contested, the Worker’s Compensation Board presents a case in front of a judge. The judge will determine if the claim is valid and if it is, how long and how much the worker should be compensated.
Both the insurance company and the affected employee have 30 days to appeal a decision made by a Worker’s Compensation judge. If the appeal is granted, the case is reviewed by a panel of three board members.
The panel can do the following;
- Revoke the decision made by the judge.
- Make certain changes to the decision made.
- Re-establish if your case needs to be presented to a judge if there are new developments.
There is a 30-day window for the appeal to be made against the decision made by the Board panel. This appeal needs to be presented to the New York State Supreme Court Third Dpt., which is in the Appellate Division. The decision made here can also be appealed further in the Court of Appeals.
Review Your Workers Compensation Claim With Cellino Law
Due to the complexity of these processes, it is always advisable to get an attorney that can deal with standard workers’ comp claims as well as appeals. Cellino Law offers attorneys who can make the necessary appeals in case a claim is denied and ensure that the client gets the Worker’s Compensation claim accepted. Contact our White Plains injury firm to have an experienced attorney can handle your case to the end.