The bills can begin to pile up quickly after you’re hurt on the job in New York City.
Fortunately, New York requires employers to carry workers’ compensation insurance to help you get back on your feet.
An experienced NYC workers’ compensation lawyer at Rosenbaum & Rosenbaum, P.C. will fight to make sure you’re getting the full compensation you deserve. If you have questions about your rights or the claims process, call to schedule a free consultation today,
Why Do I Need a NYC Personal Injury Lawyer if I Was Hurt on the Job?
The workers’ compensation claims process is more complex than you might think. It’s not as simple as telling your boss you were hurt on the job and getting a check in the mail.
There’s a detailed claims process. Your paperwork will be reviewed by a workers’ compensation insurance company.
Like any other insurance company, they’ll be looking for ways to reduce or deny your benefits.
Having an experienced accident attorney by your side from the start gives you the best chance of getting your full benefits without delay.
The insurance company and your employer might also challenge your right to workers’ compensation. The last thing you want to do is fight with the insurance company while you recover from an injury.
Our experienced NYC personal injury lawyers at Rosenbaum & Rosenbaum, P.C. will protect your best interests every step of the way. We will:
- Make sure your paperwork is complete, accurate, and filed within the applicable time limits
- Defend your rights if the workers’ compensation insurance company rejects or delays your claim
- Investigate to find out what really caused your accident
- Help you understand all of your options for getting compensation, including workers’ compensation and the third-party claims process
- Fight to make sure you’re receiving the full amount of benefits you deserve
- Handle any appeals or challenges to your workers’ compensation claim
To learn more about how a workers’ compensation law firm with over 40 years of experience can protect your rights, give us a call today for a free consultation.
New York Workplace Injury Statistics
According to the U.S. Bureau of Labor Statistics, 2.2 out of every 100 New York workers reported a work injury in 2018. 73 New York City workers died in work accidents that year. Nearly half of fatal NYC work accidents involve slip and fall accidents and contact with objects or equipment.
The BLS found that, in New York state, about 80,200 of the 140,200 work injuries and illnesses that were reported were serious.
What Does Workers’ Compensation Offer?
Workers’ compensation offers a safety net for employees who were hurt or became sick because of something at work. It’s a no-fault system–meaning you don’t have to prove that someone else caused your accident or injuries.
The system is designed to make it easier to get money while you recover. In exchange, you give up the right to sue your employer. All common law employees have the right to workers’ compensation benefits for any injury or illness sustained in the course of employment.
You’ll have the right to receive benefits in the form of:
If you’re hurt at work, workers’ compensation covers all medical bills related to treating the injury or illness. You also receive coverage while you recover from your disability.
In order to receive this coverage, you have to see a doctor authorized by the workers’ compensation board.
The primary exception to this general rule is that you can see any available doctor in an emergency situation.
When you seek medical attention, it’s important to tell the doctor that your injuries or condition is work-related. The doctor will be responsible for sending paperwork to the workers’ compensation insurance company. This can help smooth the process and prevent delays.
Injured workers can receive ⅔ of their average weekly pay if they’re totally or partially unable to work for at least seven days. If you’re unable to work for at least 14 days, you get paid retroactively from the date of the injury.
The amount you’re entitled to receive is based on:
- Your average weekly wages for the year prior to the accident
- The percentage of disability
For example, if your average weekly wages were $600, your workers’ compensation benefit would equal about $400 if you’re completely disabled (⅔ of $600). If you’re only 50% disabled, you’ll receive $200 per week in workers’ compensation cash benefits.
These amounts are also subject to a weekly cap. For July 1, 2020-June 30, 2021, the weekly benefit cap is $966.78.
You can also receive permanent disability benefits if you’re never able to return to work because of the injuries.
Surviving spouses, minor children, and other dependents of a deceased worker are also entitled to benefits. If you lost your loved one to a fatal workplace accident, you can receive ⅔ of their average weekly wages. Average weekly wages are based on wages in the year prior to the accident.
Surviving parents are entitled to receive a $50,000 lump sum payment if their deceased child left no surviving dependents.
In NYC, the family of a deceased worker can also receive up to $12,500 to cover funeral and burial costs.
We Handle All Work Accident Cases in New York City
Whether you were hurt on a Brooklyn construction site or injured in a Manhattan office building, our lawyers are here to help. We regularly help clients who have been injured a variety of ways, including:
- Construction accidents
- Scaffolding accidents
- Roof and ladder falls
- Fires and explosion accidents
- Crane accidents
- Electrocution accidents
- Slip and fall accidents
- Building collapse
- Through repetitive motions at work
- Welding accidents
- Accidents involving unsafe construction work equipment
- Exposure to toxic chemicals or substances
Whenever your injury or illness was caused by something job-related, you have the right to benefits. If you developed carpal tunnel syndrome after spending years at a computer, you have the right to benefits.
If you fell from poorly constructed NYC scaffolding, you can claim benefits.
Our lawyers are here to explain the details of the workers’ compensation system. To get more information, just call our law offices for a free consultation.
Common Work Accident Injuries in NYC
Workplace injuries can derail your plans in an instant. Not only are you unable to work at normal capacity, but you might be in chronic pain or require ongoing care. Our lawyers at Rosenbaum & Rosenbaum, P.C. are here to help you through these challenges.
We fight for clients who have suffered any type of work-related injury, illness or condition, including:
- Traumatic brain injuries
- Spinal cord injuries
- Whiplash injuries
- Neck injuries
- Hearing and vision damage
- Fractures and joint injuries
- Chest injuries
- Soft tissue injuries
- Carpal tunnel syndrome
- Back injuries
- Musculoskeletal injuries
- Catastrophic injuries
- Burn injuries
- Wrongful death of a loved one
Your injury doesn’t have to happen on the job site to be covered. As long as you are performing work-related duties when hurt, you may be entitled to workers’ compensation.
How Much Time Do I Have to File a Claim After a Workplace Injury?
You should notify your employer as soon as possible after the accident. New York law only gives you 30 days to notify your employer. After your employer receives the notice, they have ten days to notify the workers’ compensation insurance company.
If a third party caused your accident, you can file a third-party personal injury lawsuit for damages within three years after the accident happened.
New York law prevents workers from suing an employer for damages when injured on the job. This happens by operation of law and applies to all employees who are eligible for workers’ compensation.
Can I Get Damages Above and Beyond What Workers’ Compensation Covers?
You don’t give up your right to sue negligent third parties who caused your accident. This type of lawsuit is called a third-party claim. Third parties who may be responsible for your accident could include:
- A negligent driver who caused a car accident while you were working
- General contractors
- Property owners
- Third-party vendors
- Engineers on a job site
In a third-party claim, you can recover the same types of damages available in a personal injury lawsuit. Our lawyers can help you get compensation for:
- Your full lost wages
- Future medical care
- Reduced ability to earn a living in the future
- Physical therapy
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Damages for wrongful death
- Property damages
- And more
Because the law caps your weekly benefit check, some injured workers struggle to get by on workers’ compensation alone. At Rosenbaum & Rosenbaum, P.C., we’ll carefully investigate to find out whether you have the right to pursue additional compensation. Don’t hesitate to call if you’re interested in discussing your case in more detail.
Call Today to Speak With an Experienced New York City Workers’ Compensation Lawyer
Hard-working New Yorkers have depended upon Rosenbaum & Rosenbaum, P.C. to protect their interests for over four decades. Call today to learn more about how an experienced NYC workers’ compensation lawyer can help if you were injured at work. Your consultation is free, so you have nothing to lose. We’re here to provide legal advice to injured clients in New York, NY and across the New York metro area.