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.
General Information FAQ
Do you offer free consultations?
Yes, we offer free consultations so you feel comfortable and understand the process.
Can I sign up online or do I need to come to your office?
You can sign up online or you are welcome to come to our office. Either way, we give our clients undivided attention.
Do I need a third party/personal injury attorney?
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.
Can you refer me to a third party/personal injury attorney?
If necessary, we can assist in helping you find a personal injury attorney.
Claim Filing FAQ
How long will my case take?
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.
How much money will I get?
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.
How much money will I owe the attorney?
The attorney’s fee is 15% of any money that he wins for you.
Can I settle my third party/personal injury attorney?
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
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Denials and Appeals FAQ
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Workplace Injuries FAQ
I just got hurt at work, now what?
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.
Will my employer find out?
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.
What if my employer doesn't have insurance?
That does not matter. You are still entitled to Workers’ Compensation even if your employer doesn’t have insurance.
Can my employer fire me after I file a case?
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.
What if I can't return to work?
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.
When can I go back to work?
You can return to work when advised by your doctor who is treating you for your injuries.
What if I can't go back to work doing the same duties as before?
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
Do I need to go to court for my case?
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
Where should I go to treat my injuries?
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.
How long do I need to treat my injury?
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.
Why should I treat my injury?
It is imperative that you treat your injury not only to properly heal but to also properly documents all your injuries.
When will my treatment end?
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.
My doctor says I need surgery, should I get it?
If your doctor advises you to get surgery and you are in pain, you should follow his recommendation.
Will I get more money if I do the surgery?
Every case is different. Please discuss with your attorney for more information.
I don't want the surgery, can I do it later?
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.
Can I switch doctors?
While we don’t recommend a client to switch doctor’s in the middle of the case, sometimes it is necessary and permissible.
What happens when my doctor discharges me?
Once your doctor discharges you, the attorney will begin to negotiate a lump sum settlement from the insurance company.
Why Hire an Attorney FAQ
Why do I need an attorney?
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.
Why should I choose your firm?
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.
FAQ and Information by Category
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.
Working Hours
Monday to Friday: 9 am to 5 pm
Saturday to Sunday: Closed