New York State Workers' Compensation
If you or a loved one has been injured in a workplace accident in New York, our attorneys can help you receive the benefits you need to remain financially secure following the accident. We can help you file a claim with the New York workers’ compensation program and determine whether you are entitled to compensation beyond these benefits.
In addition to successfully handling workers’ compensation claims, our attorneys have also helped injured clients collect Social Security Disability benefits and file lawsuits against third parties who contributed to their workplace accidents.
Morgan & Morgan has more than 25 years of experience helping injured workers receive the benefits they deserve. To find out how we can help you, contact us today.
Who is Covered by Workers’ Compensation Law?
According to the New York government, the overwhelming majority of employers in the area are required by law to offer workers’ compensation to their employees. This includes employees at any for-profit business, full-time domestic workers, and employees of the state.
However, it is important to look into whether or not you are entitled to workers’ compensation insurance, as there are some exceptions. Among these exceptions are New York City public school teachers, volunteers at nonprofit organizations, and people who have signed contracts stating that they are an independent contractor, such as certain real estate salespeople or insurance agents.
In addition, employees who are covered under other provisions of local law - like NYC police officers, firefighters, and sanitation workers - aren’t covered under workers’ compensation law and can’t claim additional benefits under it.
What Types of Benefits Can I Recover?
Medical Benefits: Workers’ compensation in New York provides medical benefits for:
- Hospital and doctor bills;
- Physical therapy and rehabilitation expenses; and
- Prescription drugs.
Temporary Wage Loss Benefits: If you are injured at work you are eligible for benefits that will pay you two-thirds of your weekly wage. You become eligible for these benefits on the seventh day of work you are forced to miss as a result of your injury, unless your injury forces you to miss work for more than fourteen days.
Partial Disability: Partial disability benefits are given to employees who have sustained an injury, and are able to return to work, but not at the same capacity as before their injury. In New York, most injured workers are eligible to receive up to 225 weeks of partial disability benefits, and up to 525 weeks in severe cases.
Total Disability: An injured worker may qualify for total disability benefits status if he or she is unable to perform any type of work because of the injury they sustained. Workers who are totally disabled receive benefits for life, which is two-thirds of their average weekly salary in the 52 weeks prior to their injury.
Permanent Loss of Function and Disfigurement Benefits: Specific loss benefits provide compensation for the amputation or permanent loss of certain body parts, as well as for disfigurement. These benefits are based on a preset dollar amount for the specific type of injury the worker suffered and is awarded even if they are able to return to work.
Death Benefits: The survivors of a deceased worker may qualify for weekly compensation benefits, as well as a burial expense allowance of up to $6,000. Weekly benefits may be paid to the deceased employee’s spouse, children or other individual who was financially dependent on the deceased worker. Subject to the state’s average weekly wage, surviving spouses may receive two-thirds of the deceased employee’s average weekly wages, and are eligible to apply for yearly cost of living increases two years after the injury.
How Can an Attorney Help Me After a Workplace Accident?
File the Workers’ Compensation Claim: To qualify for workers’ compensation, you must report the injury to your employer as soon as possible after the accident. If you only realized later that an injury you have was work related, you have four years to file a claim with the insurance company.
In preparing your claim, your attorney will gather and examine all the necessary medical documents to help show the full extent of your injuries. Your lawyer will use this information to complete all the paperwork required to file your workers’ compensation claim while you focus on your recovery.
Ensure You Receive the Correct Diagnosis: In New York, injured workers may be required to undergo an independent medical examination by a doctor of the insurance companies choosing in addition to the exam conducted by a personal physician. The purpose of the IME is to evaluate the extent of your injuries and determine how much work related activity contributed to your injury.
If your employer or its insurance company has scheduled you for an independent medical examination, you may want to contact an attorney. The insurance company usually selects and pays the doctor who performs the IME, and the doctor has an incentive to downplay or minimize your injuries so the insurance company will continue using them. As a result, it is in your best interest to also get examined by your own physician.
File a Claim With the DIA: If the doctor performing the IME gives you a less severe diagnosis than your own physician, and you lose benefits as a result, or you were denied benefits in the first place, our attorneys can help you file a claim with the DIA.
The DIA was set up as an alternative to the courts to settle workers’ compensation disputes.Your attorney will prepare for the hearing like a trial and present all the medical evidence to try and get you the benefits you are entitled to.
File an Appeal: Workers’ Compensation claims in New York are sometimes denied for the wrong reasons, and if you lose your initial hearing at the DIA, you may still be able to get benefits.
If you are eligible, your attorney may be able to file an appeal with the DIA review board on your behalf, and the board’s judge could overturn the original ruling that denied you benefits. This can be done if you never received any benefits or if your benefits were wrongfully reduced or terminated.
Determine If You Can Obtain Additional Compensation: Workers’ compensation gives workers injured on the job benefits regardless of who caused the accident, even if the worker was partially at fault. In exchange, injured workers cannot sue their employers.
In some cases, however, our attorneys may be able to sue another company or individual whose careless or negligent conduct contributed to the injury or illness you developed on the job. For example, if a toxic chemical or defective piece of equipment contributed to your injuries, our workers’ compensation attorneys may be able to file a lawsuit against the manufacturer.
Contact Morgan & Morgan New York, PLLC Today
At Morgan & Morgan, we believe that every person should have access to quality legal representation, regardless of income. That’s why our workers’ compensation attorneys only receive a fee if they are able to obtain compensation for you. This means you pay nothing if we are unable to help.
If you have would like to learn more about how one of our attorneys may be able to help you following a workplace accident, fill out a free, no obligation case evaluation.