- Lawyers Advocate for Queens Workers’ Compensation Benefits
- What Is Workers’ Compensation Insurance?
- Common Workplace Injuries that Could Warrant a Workers’ Comp Claim
- What Injuries Qualify for Workers’ Comp in Queens and Across New York?
- How Employer Responsibilities Affect Workers’ Compensation Claims
Lawyers Advocate for Queens Workers’ Compensation Benefits
Following a workplace accident, even the most diligent worker in Queens can find it challenging to recover and return to work. In the event that you’re an injured employee and your workers’ compensation claim has been denied, rest assured that you have the right to appeal with the New York State Workers’ Compensation Board (WCB), which is committed to safeguarding employee rights and ensuring the rightful dispensation of benefits.
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we recognize the profound impact of workplace injuries and their enduring consequences. If you have sustained an on-the-job injury and are seeking workers’ compensation benefits, you can count on us to provide the trusted legal counsel you need. We have won over $1 billion for our clients. Our Queens personal injury lawyers have been rated “AV” by Martindale-Hubbell and recognized by Super Lawyers magazine.
With over 50 years of experience, you can rely on us to develop the best possible strategy custom-tailored to meet your needs. Contact us at (212) 986-7353 to learn more about your legal options.
What Is Workers’ Compensation Insurance?
Workers’ compensation insurance is a crucial aspect of ensuring the well-being of employees in the event of workplace injuries or illnesses. In New York State, employers are mandated by law to provide workers’ compensation insurance coverage to their employees. This insurance serves as a safety net, offering financial support and benefits to workers who suffer injuries or illnesses while on the job.
However, it’s important to note that while workers’ compensation is a government-mandated program, the insurance is typically provided by private insurance companies. These companies operate within a competitive market driven by profit motives. As a result, they may seek to minimize payouts and costs associated with claims to attempt to protect their bottom line.
Common Workplace Injuries that Could Warrant a Workers’ Comp Claim
Workers’ compensation typically covers a wide range of workplace injuries and illnesses. Here are five common workplace injuries that are commonly covered by workers’ compensation:
- Slips, Trips, and Falls: These are among the most common workplace injuries, occurring due to hazards such as wet floors, uneven surfaces, or cluttered walkways. Slips, trips, and falls can result in injuries ranging from minor bruises to more severe fractures or head injuries.
- Strains and Sprains: These injuries often occur due to overexertion, lifting heavy objects, repetitive motions, or awkward postures. Strains and sprains can affect various parts of the body, including the back, shoulders, neck, and limbs, leading to pain, swelling, and limited mobility.
- Cuts and Lacerations: Working with sharp objects, machinery, or tools poses a risk of cuts and lacerations. These injuries can range from minor cuts requiring simple first aid to more severe lacerations requiring stitches or surgery.
- Repetitive Strain Injuries (RSIs): RSIs result from repeated motions or activities over time, such as typing, assembly line work, or using vibrating tools. Common RSIs include carpal tunnel syndrome, tendonitis, and bursitis, which can cause pain, numbness, and reduced function in affected areas.
- Burns: Workers in industries such as manufacturing, construction, and food service are at risk of suffering burns from heat sources, chemicals, or electrical hazards. Burns can vary in severity, from minor first-degree burns to more severe third-degree burns requiring extensive medical treatment and rehabilitation.
What Injuries Qualify for Workers’ Comp in Queens and Across New York?
For a claim to qualify for workers’ compensation in New York, the events leading up to your injury must align with the following criteria:
- You are employed by an employer that is mandated by New York law to be covered by workers’ compensation.
- The injury, ailment, or impairment you sustained transpired as a direct result of your job responsibilities and during the course of your employment.
- Within 30 days of the incident leading to your injury or ailment, you furnished your employer with written notification regarding the accident.
- A medical report explicitly establishes a causal link between your on-the-job accident or condition and the injury, disability, or ailment.
Several types of benefits are available to injured workers under New York State law to help prevent financial hardship so they can resume their job responsibilities as soon as possible.
How Employer Responsibilities Affect Workers’ Compensation Claims
Employers have legal obligations concerning workers’ compensation, including ensuring a safe work environment, promptly reporting injuries, and maintaining adequate insurance coverage. They must implement safety measures, provide training, and address hazards to prevent workplace accidents. It’s illegal for employers to retaliate against employees who file claims, with laws protecting workers from discrimination or termination.
Employers must cooperate with the claims process, providing necessary information and facilitating medical treatment for injured employees. Failure to fulfill these responsibilities can result in penalties and legal consequences. Ultimately, employers play a vital role in upholding workers’ rights and promoting workplace safety through compliance with workers’ compensation regulations.
Common Benefits You Can Receive from Workers’ Compensation
If you qualify for workers’ compensation, you can receive benefits such as:
- Payments amounting to 2/3 of your average weekly wages provide essential income replacement while you are unable to work due to a work-related injury or illness.
- Compensation for loss of earnings to account for reduced work capacity in cases of partial disability, ensuring that you receive fair compensation for any limitations in your ability to work.
- Access to medical treatment can be covered by the workers’ compensation provider and administered by physicians or chiropractors. This is a fundamental aspect of workers’ compensation. The workers’ compensation provider covers your medical expenses related to treating your work-related injury or illness. These medical services are administered by qualified physicians or chiropractors, ensuring that you receive appropriate and timely care to assist in your recovery.
- Eligibility for compensation pertaining to injuries affecting extremities or facial scarring, even if such injuries do not hinder your ability to work. This ensures that you receive compensation for the pain, suffering, and permanent disfigurement resulting from these injuries.
- Reimbursement for travel expenses incurred to receive medical care or therapy sessions, along with out-of-pocket costs associated with your injury, including first-aid and prescriptions. These are reimbursed to ease the financial burden associated with seeking necessary treatment.
The Process of Filing for Workers’ Compensation in Queens
Immediately upon being injured at work, seek necessary medical treatment. Make copies of all medical records, bills, invoices, and receipts concerning your injury. Importantly, ask the doctor to complete a preliminary medical report and mail it to the district office within 48 hours of the accident.
After receiving medical treatment, send written notice of your injury or illness to your employer within 30 days. Claims submitted after 30 days may be denied. Once notified, employers must submit a report to the WCB within ten days.
Once notice is submitted, mail the WCB with an Employee Claim (C-3) form. Filing a claim with the WCB must be done within two years from the date of the accident or from the date you knew or should have known that your injury or illness was connected to your employment.
After filing your claim, the WCB may hold one or more hearings to determine eligibility for benefits. During those hearings, you will need to verify facts, such as medical records submitted by the attending physician during your treatment. The WCB will also review the employer report submitted after you notify your employer. The workers’ compensation insurance provider may also require you to use a contracted network for diagnostic tests and must provide you with the contact information of a professional in that network.
Once approved, the insurance company providing workers’ compensation benefits for your claim must provide you with a written statement of your rights within 14 days of receiving your employer’s report or when the first check is sent, whichever comes first. The insurance company must begin paying benefits within 18 days of receiving your employer’s report if lost work time exceeds seven days. Importantly, the insurer must inform you and the WCB that they are disputing your claim.
Once you return to work, you will no longer receive benefits. If your injury or illness leaves you permanently disabled, you will only receive benefits up to the payment total.
What Can You Do If Your Queens Workers’ Comp Claim Is Denied?
If your employer’s workers’ compensation insurer denies your claim, you may file an appeal. Upon receiving a request for appeal, the WCB will schedule a pre-hearing to decide whether you have sufficient evidence to move forward with your claim.
The appeals process can be very complicated, so hiring an experienced workers’ compensation attorney in Queens can benefit your chances of making an effective appeal. Workers’ compensation claims can involve complex facts, including the nature of your injuries, the amount of time you cannot work, and what is needed for recovery. We can help you navigate the complexities of workers’ compensation claims, such as gathering evidence and witness testimony to demonstrate the true extent of your losses.
Why You Need an Attorney if You Have Workers’ Compensation
Even though workers’ compensation is designed to provide benefits to injured employees, going through the claims process can be complex and challenging. Insurance companies may deny or minimize claims, delaying or reducing vital compensation.
A workers’ compensation attorney can gather evidence, handle all paperwork and filings, and represent the injured worker’s interests in hearings or appeals.
Ultimately, with legal representation, individuals can maximize their chances of securing fair compensation for medical expenses, lost wages, and rehabilitation costs. It ensures that injured workers have an advocate who understands the details of the law and can effectively negotiate with insurance companies.
Hire a Queens Workers’ Comp Lawyer That You Can Trust
If you have sustained a workplace injury or need assistance with a denied workers’ compensation claim, Wingate, Russotti, Shapiro, Moses & Halperin, LLP, can help. We are dedicated to helping Queens workers obtain the compensation they deserve.
When you put your trust in our firm, you can count on us to guide you through the legal process and protect your rights every step of the way. Our Queens workers' comp lawyers will do everything in our power to help you get the justice you deserve.
Call our firm at (212) 986-7353 to schedule a free consultation.