| Worker's Compensation |
About
What is Worker's Comp?
Workers' compensation is a worker and employer's safety net that provides medical care and compensation for employees who are injured while working at their employment location.
Have you been injured in a work related accident?
Recent changes in the New York State Worker's Compensation Laws make it imperative that you have a competent Workers Compensation Claimants Attorney as your legal representative as early as possible after your injury. Please feel free to contact us to discuss your situation. Our team of professionals will listen to your case and can provide you with expert legal advice.
Work Related Injuries
The worker’s compensation law is designed to protect you. However, in order to take advantage of the law, you must protect your rights. Worker’s compensation benefits are usually referred to as an employee’s exclusive remedy against the employer. This means that you can receive only the workers’ compensation benefits and are barred from suing your employer, even if the injury was the employer’s fault. However, you may have a claim against other persons in addition to receiving workers’ compensation benefits from your employer.
If you have a work-related claim, then seek legal advice from a Claimants Workers Compensation Attorney quickly. Do not rely on the advice of the attorney for the insurance company, your employer’s attorney or the workers’ compensation system. Due to recent changes in the WC law, you can not depend on your local Real Estate Attorney to give you WC advise. As of January 1, 2009 significant changes to the Comp Law take effect. It is no longer a claimant friendly system. Make sure you have your own WC Attorney who has your interest in mind. You want someone representing you, not someone who is being paid by interest hostile to you, such as the employer or the insurance company.
Recent Updates in Workers Compensation:
 Health Provider Notices Now Available as Printable Electronic Files
New Reimbursement Rates For Inpatient Hospital Care
New Maximum Weekly Benefit Rate Effective July 1, 2010
What are your benefits if injured on the job?
If you are injured on the job, you may be entitled to a variety of benefits in your work-related claim. The most common benefits to which you may be entitled are:
Payment of all your medical bills incurred in connection with your injuries
Compensation for lost time from work
Compensation for any permanent injury
There are other benefits to which you may be entitled such as permanent disability, wage loss or wage reduction, disfigurement and amputation awards.
It is important for you to discuss these benefits and your right to compensation with an experienced attorney who is working for you. It is essential that you build a proper foundation under your claim in the event you require benefits or compensation over a long period of time.
Do not be afraid to enforce your legal rights and obtain the proper legal help to assist you with your claim.
What is the Value of Your Work-Related Injury?
The value of your work-related claim is somewhat governed by statute. For instance, the statute will tell you how much you are allowed to recover in the event you lose a finger or some part thereof. However, don’t let anyone tell you what your injury is worth except your own attorney along with your own doctor.
The medical testimony is very important. If the employer’s insurance company is conducting the investigation, in most cases, their physician will be quite conservative in estimating the extent of your injury. Insurance company physicians are paid to find:
that you are not injured;
if you are injured, it didn’t happen at work;
if it happened at work, your not as disabled as you claim.
Make sure you have your own doctor and your own attorney.
Do You Need a Lawyer?
Yes you definitely need a WC Claimants Attorney
The New York State Workers’ Compensation system is an adversarial system. Your adversary is an attorney specially trained to oppose you. The Law Judge is an attorney and has been instructed to listen to the legal and factual arguments made by both parties. If you represent yourself, what are you going to say?
What is on the line? The injured worker’s interest is to receive various benefits such as payment of present and future medical bills, lost wages from work, and awards for any permanent injury. Employers/Insurance Companies generally oppose payments to injured workers. Employers defend by saying you are not injured, and if you are injured, then they didn't do it, and if they did do it, then you are not as bad as you and your doctor claim.
It is the role of your WC Claimants Attorney to assist you with your claim through this most complicated system. It is important for you to know your rights and benefits under the New York State Workers’ Compensation system. It is far better to have these rights explained to you by an attorney who has your best interest at heart, instead of allowing the workers’ compensation system or the employer’s representative or the insurance company’s claims manager explain these rights to you. They usually leave out the most important things you need to know.
Protecting Yourself in a Work-Related Accident
If you are injured by accident at work, make sure you take all steps necessary to assert your claim and protect yourself so you can collect the maximum allowed under the workers’ compensation law.
Make sure that your employer is notified of your injury immediately. A written report should be filed if possible. Don’t ever attempt to hide an injury. If you fail to report an injury, it will seriously hamper later efforts to collect under the workers’ compensation statutes. If you learn you have an occupational injury or disease, you should contact your attorney immediately for proper advice.
Seek medical help immediately. This will document your injuries if they should come into dispute.
Settlement, Money for Your Claim
There are many reasons why an injured worker might be interested in settling his or her permanent disability workers’ compensation claim.
It is becoming increasingly more difficult to secure further compensation, medical treatment or other benefits.
Retirement, moving out of state, serious illness or advanced age may provide the injured worker with some money for his or her claim. Generally, no benefits can be paid to the claimant’s family after death.
For those that are collecting permanent partial disability, a settlement may provide an opportunity to reduce future payments to cash.
A settlement may not be appropriate under a variety of circumstances. Prior to the undertaking of such an action, contact your attorney. Remember, settlements are forever.
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