Workers’ compensation is designed to make sure that injured workers in New York get the medical care they need, and it also provides money to hold you over as you recover. But getting these benefits can be a bureaucratic nightmare. The private companies that sell workers’ compensation insurance to businesses are always trying to increase their profits. They’ll deny claims whenever they can get away with it.
There are laws that allow you to challenge an unfair workers’ compensation ruling, so it’s important to have the right attorney by your side throughout the filing process. Your attorney will make sure all your paperwork is in order and represent you if you decide to challenge the ruling. Your attorney can also advise you on how to pursue additional sources of compensation that fall outside of the workers’ compensation system.
Our workers’ compensation attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP fight to get what’s best for our clients in Staten Island so you can get back to enjoying Clove Lakes Park, Lemon Creek Park, Historic Richmond Town, and other local landmarks with friends and loved ones.
For over 50 years, the workers’ compensation attorneys at WRSMH have been helping injured workers in Staten Island get the resources they need to recover. During that time, we’ve won over a billion dollars in verdicts and settlements for our clients. Our firm has a perfect 10.0 Avvo score and an AV rating from Martindale-Hubbell, which is their highest attorney ranking.
If you were severely injured on the job, call (212) 986-7353 to schedule a FREE consultation today.
Workers’ compensation insurance is private insurance that employers in New York are required to purchase. If a worker is injured or contracts an illness on the job, they can file a workers’ compensation claim that provides cash payments and medical treatment while they are unable to work.
As soon as you become aware of a work-related injury or illness, you will want to seek medical attention and report the injury to your employer. Your doctor will complete a preliminary medical report, and your employer should report the injury to the Workers’ Compensation Board (WCB). If your claim is accepted, you will be eligible to receive the following benefits:
- Medical treatment for your injury or illness
- Two-thirds of your average weekly salary if you are unable to work
- Compensation for reduced earnings if a partial disability limits the number of hours you can work
- Reimbursement for out-of-pocket expenses related to your medical treatment, such as travel costs
- Compensation for certain types of injuries, such as facial scaring and damage to legs, arms, hands, and feet, even when the damage doesn’t prevent you from working
If your employer’s workers’ compensation insurance company denies your claim for compensation, you have the right to file an appeal with the New York State Workers’ Compensation Board (WCB). This is a complicated legal process, and you will want to have a workers’ compensation lawyer to represent you. There are strict filing deadlines that must be met at every stage of the process, and it’s important to collect evidence to support your appeal.
The steps for appealing a denied workers’ compensation claim include:
- File a Notice of Claim with the WCB.
- Attend a hearing before a judge.
- If the judge denies your appeal, you can request a review by the WCB Appeal Board.
- If the WCB Appeal Board upholds the judge’s decision, you can file an appeal with the Appellate Division of the New York State Supreme Court.
Your workers’ compensation lawyer will assist you with every part of the process and help you file appeals if necessary. If someone who is not your employer or a coworker committed an act of negligence that contributed to your injuries, your attorney may be able to file a third-party claim pursuing damages that cover the cost of your medical treatment and other expenses, such as reduced earning capacity, medical devices, and loss of income.
A third-party claim or lawsuit may be filed against parties who are not subject to the workers’ compensation system. This may include:
- Private contractors
- Property owners
- Vehicle operators
- Manufacturers of defective safety equipment or machinery
- Designers of defective safety equipment or machinery
The Staten Island personal injury attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP will pursue every available avenue to help you get the money you need. Your future is too important to accept anything less than the best possible legal outcome.
Our partners at WRSMH belong to the Multi-Million Dollar Advocates Forum, and we’ve been listed by Super Lawyers, a rating agency that only accepts members based on outstanding peer reviews.
Call us at (212) 986-7353 to learn more today.