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New York Workers' Compensation FAQ

Injured Workers Frequently Asked Questions

New York State law requires most employers to have workers’ compensation set for their employees. Failure to have workers’ compensation in place can result in penalties and criminal prosecution. Read our FAQ for the most popular questions. Each person’s case is different, so we recommend consulting an attorney to discuss and evaluate your case.

Table of Contents

General Information FAQ

Yes, we offer free consultations so you feel comfortable and understand the process.

You can sign up online or you are welcome to come to our office. Either way, we give our clients undivided attention.

If your injury was caused by a 3rd party, then in addition to the Workers’ Compensation action you may also have a personal injury lawsuit.

If necessary, we can assist in helping you find a personal injury attorney.

Claim Filing FAQ

It’s of utmost importance to act quickly when filing a claim in NYC. Should you be in an accident, you must notify your employer within 30 days of the accident. 

This is a very common question that is asked. Every case is different and unique. Usually a case takes between 9 months to 1 year of duration.

The amount of money that you will get while out of work is based off your salary. The amount of money that we are able to obtain at the end of your case depends on several factor, such as how much time you have lost from work, your salary before the accident, how much money the insurance carrier has paid out, and how much permenant damage you have at the conclusion of the case.

The attorney’s fee is 15% of any money that he wins for you.

Prior to resolving a 3rd party action it is highly recommend to 1st consult with your Workers’ compensation attorney to ensure your rights are fully protected. In certain circumstances there can be an negative impact on your Workers’ Compensation case if a 3rd party settles 1st.

Benefits FAQ

Benefits are available to almost anyone who is injured while working for a for-profit business. This includes W2 workers, subcontractors, part-time employees, and many others! You are also entitled to workers’ compensation as an undocumented laborer. 

Workers’ compensation benefits are there to assist you in covering the cost of your injuries and day-to-day expenses such as medical benefits, cash benefits, social security benefits, and more. Getting hurt at work can be overwhelming, but workers’ compensation benefits are there to help you get back on your feet.

New York State has a no-fault system if you are injured at work. This means regardless if your own negligence caused the accident, you are still entitled to workers’ compensation benefits. 

Denials and Appeals FAQ

There are many common reasons why you may have gotten denied for workers’ comp. Failure to notice your employer, lack of medical evidence, gap in treatments, failure to meet deadlines, are all possible reasons you may have gotten denied. 

If you are denied, it does not mean you are not entitled to workers’ compensation. This may be due to missing documents, etc. as in the question above. You may still be able to appeal a denied claim, but it is a difficult task. We recommend advising with a workers’ compensation attorney to help with the process.

Appealing a denied claim requires re-examining the specifics of your claim to make sure you are able to qualify for benefits. Our attorneys and paralegals have experience with denied claims and will help you throughout the process gathering more documents and ensuring your right to get workers’ compensation!

Workplace Injuries FAQ

If you got hurt while on duty, it is essential that you speak to an experienced Workers’ Compensation attorney as soon as possible to protect your rights as an employee.

Your employer will know that you have filed a case because you need to report the injury with your employer within 30 days of your accident.

That does not matter. You are still entitled to Workers’ Compensation even if your employer doesn’t have insurance.

No, your employer cannot retaliate against you after you file a case. Remember, you are not suing your employer. You are collecting benefits from the worker’s compensation insurance.

If your doctor says that you should not return to work because of your disability, listen to your doctor. Stay out of work for as long as directed, and we will assist to obtain wage replacement benefits.

You can return to work when advised by your doctor who is treating you for your injuries.

If you can’t return to work performing the same work duties, your doctor should indicate that and you can try to work a lighter duty position.

Legal Representation FAQ

There will be court hearings for certain things in your case. All hearings are virtual and we will advise and prepare you for these hearings in advance.

Medical Treatment FAQ

Once you get injured, it is very important that you see a doctor who treats patients with work related accidents. These doctors are familiar with the process and the paperwork. If you go to a doctor who is unfamiliar with worker’s compensation, it will prolong your case.

The length of your treatment depends on your injury and what your doctor recommends. It is important to listen to your doctor and not miss any appointments.

It is imperative that you treat your injury not only to properly heal but to also properly documents all your injuries.

Your case will end when your doctor discharges you. Your doctor will advise you when you no longer need treatment. Once this occurs, please call our office and notify us that your doctor has given you the green light to begin closing out your case.

If your doctor advises you to get surgery and you are in pain, you should follow his recommendation.

Every case is different. Please discuss with your attorney for more information.

You can get the surgery at any time while your case is still ongoing. Speak to your doctor in detail about what is best for your situation.

While we don’t recommend a client to switch doctor’s in the middle of the case, sometimes it is necessary and permissible.

Once your doctor discharges you, the attorney will begin to negotiate a lump sum settlement from the insurance company.

Why Hire an Attorney FAQ

You need an attorney to represent you so the proper paperwork can be timely filed, to preserve your rights to have your medical benefits covered along with being able to obtain money for lost wages.

Our firm treats each client with the undivided attention that you deserve. We treat each client uniquely and spend several hours helping each one. We are experienced, responsible, efficient and helpful.

The Law Offices of Edmond J. Hakimian are there to help relieve your stresses. We have no upfront fees, and you only pay if we win your case. You always have direct access to your lawyer 24/7 for any questions/concerns. And we do free case evaluations and consultations so that we can help see what is best for you! 

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Queens-based NYC Workers’ Compensation Attorney Edmond Hakimian

Edmond J. Hakimian, Esq.

Workers’ Compensation Attorney
in New York City & Long Island

The Law Offices of Edmond J. Hakimian PC. represents knowledge and years of experience advocating for our New York City and Long Island clients in the area of workers’ compensation, work injury compensation, personal injury compensation, social security disability, as well as legal protection for uninsured employers.

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Monday to Friday: 9 am to 5 pm
Saturday to Sunday: Closed

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31-01 90th Street,
East Elmhurst, NY 11369

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