Brooklyn Workers’ Compensation Lawyer
Have you been injured at work in Brooklyn, NY? If so, you could be entitled to workers’ compensation benefits for medical bills, disability, and lost wages. Most employees are covered by workers’ compensation in New York.
Even though workers’ comp is a no-fault system designed to get benefits to employees quickly after a workplace accident, insurance companies and employers might complicate the process. In some situations, the insurer or employer may unjustly deny workers’ comp benefits.
Our Brooklyn workers’ compensation lawyers with Rosenbaum & Rosenbaum P.C. can help. Our New York City personal injury lawyers have more than 40 years of experience handling workplace accident and workers’ compensation claims. Our lawyers have won millions of dollars for our clients in jury verdicts and negotiated settlements.
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How Rosenbaum & Rosenbaum, P.C. Can Help if You’ve Been Injured on the Job in Brooklyn
Being injured on the job can be frightening. In addition to your physical pain and suffering and the emotional distress of being injured, you might be concerned about losing your job. Further, going without a paycheck while you recover could cause a financial crisis for your family.
Workers’ compensation can provide wage loss benefits while you are out of work to help make ends meet until you can return. Unfortunately, the workers’ compensation system does not function as it should. The primary reason is insurance companies care more about avoiding liability for claims than helping you after a workplace injury.
The Brooklyn workers’ compensation lawyers at Rosenbaum & Rosenbaum, P.C. stand up to insurance companies to get you the benefits you deserve. Our lawyers have fought for the rights of injured people and their families for over four decades. You do not have to fight this battle alone.
When you hire our top-rated Brooklyn personal injury lawyers, you can expect us to:
- Investigate what happened to you at work to cause your injury
- Gather evidence and documentation proving the injury is work-related
- Complete and file the necessary documents and paperwork for your workers’ comp claim
- Fight to get you the benefits you deserve under New York workers’ compensation laws
- Work with medical specialists to determine the extent of permanent impairments, as needed
- Explore third-party claims related to your workplace accident for additional compensation
We will demand all benefits you are entitled to under workers’ comp and ensure the amounts the insurance company pays are correct. Before you accept a workers’ comp settlement or give up on your benefits, call Rosenbaum & Rosenbaum, P.C. for a free case evaluation with an experienced workers’ compensation lawyer in Brooklyn, New York.
What Is Workers’ Compensation in Brooklyn, NY?
Workers’ compensation is insurance coverage for employees who are injured on the job. It is no-fault insurance, so workers do not need to prove negligence or wrongdoing to receive benefits. Additionally, contributory fault does not apply to workers’ comp benefits.
A worker can receive benefits even if they contributed to the cause of their work injury. A few exceptions exist, such as intentionally causing an injury or being intoxicated when the injury occurred.
Because employers are required to purchase workers’ comp insurance coverage for employees, injured workers are typically prohibited from suing their employers for a work injury. That is the trade-off for having workers’ comp coverage. The insurance coverage protects workers, but it also protects employers from lawsuits.
There are very limited exceptions. Employers can be personally liable for a worker’s injuries if the employer does not have the required workers’ compensation insurance coverage. Also, an employer would be liable if their actions were intentional, violate laws, or show a wanton disregard for the employee’s safety. Lastly, there are exceptions for those who work in the construction industry carved out through New York labor laws.
Contact our law office to learn about your legal options after getting hurt on the job. You may be entitled to additional money damages beyond what workers’ comp can provide.
What Injuries Are Covered by Workers’ Compensation in Brooklyn?
Workers’ compensation applies to injuries sustained on the job. It also applies to work-related illnesses and medical conditions. However, the employee must have sustained the injury or developed the illness while engaging in the ordinary course of employment.
The ordinary course of employment refers to the tasks necessary to perform the worker’s job. For example, car accident injuries sustained while running errands for your employer in your personal vehicle should be covered by workers’ comp if your employer told you to do them. However, it is unlikely an accident that occurs while driving to a restaurant on your lunch break would be covered by workers’ comp.
Your employer and the workers’ comp insurance company might deny your claim and refuse to pay benefits based on the “ordinary course of employment” objection. However, your injuries are presumed to be work-related if you can prove a relationship between your job and the activity that caused your injury. Your employer and its insurer would need to provide substantial evidence proving your injury was unrelated to your job duties.
What Should I Do if I Am Injured on the Job in Brooklyn, NY?
As with any injury or accident, the steps you take immediately after and in the days following the injury are important. If you are hurt on the job in Brooklyn, you should:
- Obtain medical treatment for your injuries immediately
- Report the accident and injury to your employer or supervisor as soon as possible
You must provide a written notice to the employer giving them details about when, where, and how you were injured within 30 days of the injury. Keep a copy of the written notice for your records. Failing to report your injury in writing within 30 days could prevent you from receiving workers’ comp benefits.
What Types of Workers’ Compensation Benefits Can I Receive for a Brooklyn Workplace Accident?
Workers’ compensation does not compensate you for all damages and losses caused by a work-related injury. However, it can provide enough benefits to prevent you from becoming destitute while recovering from a workplace injury.
Importantly, though, you may be able to file a third-party personal injury lawsuit for further compensation in some cases. Through that lawsuit, you can recover both economic and non-economic damages. During your free consultation, we can let you know whether this might be a possibility.
The types of workers’ comp benefits you receive depend on the circumstances of your case. However, most injured workers qualify for the following benefits;
Cash Benefits for Lost Wages
If you are unable to work because of a workplace injury, workers’ comp provides cash benefits to compensate you for loss of income. These benefits are often referred to as disability benefits. The benefits are not paid until you have been out of work for more than seven days after being hurt on the job.
Generally, cash benefits are equal to approximately two-thirds of your average weekly wages before the injury. However, New York places limits on the weekly benefit amount paid through workers’ compensation. If you can work but are partially disabled, you would receive a portion of the cash benefits based on your percentage of impairment.
You should not be required to pay any medical bills or expenses related to your work injury. Instead, the workers’ comp insurance company or your employer pays them.
However, you must obtain treatment from a medical provider authorized by the New York Workers’ Compensation Board (except in emergency situations). If not, workers’ comp might not cover your medical bills.
A worker’s surviving spouse, minor children, and dependents can receive weekly cash benefits if their loved one dies because of an on-the-job injury or accident. The amount equals two-thirds of the worker’s average weekly wages for one year before the accident that caused their death.
Death benefits are divided between the eligible parties. The family may also file a claim for funeral expenses.
Brooklyn Workers’ Compensation Cases Our Law Firm Handles
Every job has some risk of injury. The risk depends on the job and the person performing the job. The types of work injuries you might sustain also vary depending on your job.
Our Brooklyn workers’ compensation lawyers handle all types of work-related injury claims. Examples of workers’ comp cases we handle include:
- Motor vehicle accidents
- Exposure to toxic or hazardous substances
- Repetitive motion injuries
- Mesothelioma and other types of cancer
- Construction accidents
- Slip and fall accidents
- Explosions and fires
- Scaffolding and ladder accidents
- Building collapse
- Defective product injuries
- Intentional torts and violence
Regardless of the severity or type of injury you sustain, you deserve to receive all workers’ comp benefits you are qualified to receive by law. Our Brooklyn workers’ compensation attorneys are happy to discuss your case with you and advise you about your options for filing a workers’ comp claim and/or a third-party workplace accident claim.
The deadlines for filing claims might be different depending on the claim you file. It is wise to seek legal counsel as soon as possible after a workplace accident to preserve your right to pursue all legal claims available to you.
Schedule a Free Consultation With Our Brooklyn Workers’ Compensation Lawyers
We will stand up for your right to benefits and fair treatment after a workplace injury. Call our law firm at (212) 514-5007 to request a free case review from one of our Brooklyn workers’ compensation attorneys at Rosenbaum & Rosenbaum P.C. We’ll work to maximize your recovery so you can use the money to get back on your feet after a workplace injury.