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.
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.
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.
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.
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.
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.
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.
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 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.
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.
Once you get hurt on the job, hire an attorney. If you don’t know of a medical doctor who treats worker’s compensation patients, we can help you find one of your choosing. Continue treating with your doctor, following their directions until you are discharged. While you are out of work we will help assist obtaining wage replacement benefits. Once you are discharged by your doctor, we will obtain the final evalution and being trying to negotiate a settlement.
The duration of your treatment is all dependent on your injury and your doctor’s recommendations. Follow your doctor’s advice.
If your doctor advises you to get surgery and you are in pain, you should follow his recommendation.
Every case is different.
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.
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.
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.
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.
Once your doctor discharges you, the attorney will begin to negotiate a lump sum settlement from the insurance company.
Monday to Friday: 9 am to 5 pm
Saturday to Sunday: Closed