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.
New York State law requires employers to provide workers’ compensation insurance. This coverage offers financial support and benefits to employees who suffer injuries.
Despite being a government program, workers’ compensation insurance is supplied by private insurance companies driven by profit motives. To overcome these challenges, workers should retain the services of a workers’ compensation lawyer in Queens during the process of filing a claim.
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.
If you qualify for workers’ compensation, you can receive benefits such as:
- Payments amount to 2/3 of your average weekly wages,
- Compensation for loss of earnings to account for reduced work capacity in cases of partial disability,
- Access to medical treatment, covered by the workers’ compensation provider and administered by physicians or chiropractors,
- Eligibility for compensation pertaining to injuries affecting extremities or facial scarring, even if such injuries do not hinder your ability to work,
- 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.
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 it is 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.
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 lawyer 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. Your attorney 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.
If you have sustained a workplace injury or need assistance with a denied workers’ compensation claim, the team at Wingate, Russotti, Shapiro, Moses & Halperin, LLP can help. We are dedicated to helping the workers of Queens obtain the just compensation they deserve.
Our Queens injury lawyers are listed in the Best Lawyers directory and recognized by The U.S. News & World Report for outstanding service and success. When you put your trust in Wingate, Russotti, Shapiro, Moses & Halperin, LLP, you can count on us to guide you through the legal process and protect your rights every step of the way. We will do everything in our power to help you get the justice you deserve.
Call us at (212) 986-7353 to schedule a free consultation.