The workers’ compensation system in Manhattan and New York State was put in place to protect both workers and employers. A worker sacrifices the ability to file a lawsuit against an employer, while gaining the ability to have access to benefits after an on-the-job injury, whether sudden, chronic, or an illness contracted due to toxic exposure or other unhealthy condition. All employers in the state are required to have workers’ compensation insurance in place, with only a few exceptions.
For assistance with any aspect of a workers’ compensation claim for serious or fatal injuries, connect with Wingate, Russotti, Shapiro, Moses & Halperin, LLP at (212) 986-7353. The firm is widely known as being one of the leading workers’ compensation law firms in the Manhattan area.
If injured on the job in Manhattan, you are required to file a claim with your employer. The benefits paid through the system include:
- Cost of medical care
- Cost of rehabilitation
- A percentage of lost income
- Death benefits for workers who died due to the injuries
In a perfect world, an injured worker would see workers’ comp benefits flowing in within a few weeks of sustaining a serious injury – but workers’ compensation benefits can be denied, delayed, or an amount paid to an injured worker that is lower than he or she has a right to under the system. If you are seeking benefits through the workers’ compensation system, you have the right to retain the services of a workers’ compensation attorney to assist you through the process.
If your claim is approved, your employer’s insurance company must provide you with a written statement of your rights within 14 days, or your first benefit check. Benefits must be paid within 18 days after the insurance company receives the employer’s report when lost work time is seven days or more. Disputed claims can be appealed, and this is a complex process that is best served with the help of an attorney.
To be eligible for workers’ compensation benefits, your situation must meet the criteria outlined in state law:
- Your employment must be for a company required to carry workers’ compensation insurance under state law.
- The injuries, disability, or illness you have suffered must be associated with your work duties and activities.
- You submitted the required notice of your injury within 30 days of the incident.
- You have a medical report that supports that your injury, illness, or condition was the result of your duties at work, whether a sudden accident, exposure to toxic chemicals, repeated motions, or another situation.
After an injury sustained at the workplace, or a condition or illness caused by your work duties, you must be evaluated by a medical doctor. Keep copies of all medical bills and other costs incurred in the attempt to regain your health. Keep a written log of your experiences, with date noted. The medical doctor evaluating your condition must mail your preliminary medical report to the workers’ compensation district office within 48 hours.
Once this step has been completed, you must notify your employer about your injury or illness, which must take place within 30 days. If you miss the deadline, you may be forever denied these vital benefits. Many workers are so seriously injured that they are unable to perform any of these administrative tasks. With the help of a Manhattan workers’ compensation lawyer at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, all of these critical matters could be managed correctly, and in a timely manner.
While the workers’ compensation system should be simple, and provide benefits to injured workers without difficulty, as with many government programs, it is surprisingly difficult. If you fail to provide the information they need, your claim can be denied or delayed. For cases of serious injuries sustained in the workplace, representation from an experienced Manhattan workers’ compensation lawyer could allow you and your family to focus on healing, confident that the case will be managed with skill, and in a timely manner.
Contact Wingate, Russotti, Shapiro, Moses & Halperin, LLP at (212) 986-7353 to discuss the details of your case.