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New York City is home to various different types of industries. From construction workers to healthcare workers, factory workers and office workers, there are a copious number of jobs in a bustling city. However, that also includes a list of work-related injuries that these workers may face. Factory workers may suffer toxic exposure and healthcare personnel may accidentally slip and fall. But even when suffering through these work accidents, these workers may be able to receive financial reparations through Workers’ Compensation insurance in NY.
This is where we at the Law Offices of Edmond J. Hakimian come in! Our firm has been fighting for the rights of injured workers in these accidents, assisting and guiding you through the process of workers’ compensation. Regardless who is at fault, an injured worker is entitled to workers’ compensation benefits. The process and paperwork may be overwhelming, but we will walk with you from the beginning to the end of your case, gathering proper evidence, working with other witnesses, and more while protecting your rights and making sure you get the expenses and lost wages you need.
Each case is different! Submit us a message using our contact form or call us at 718-362-3180 for a free legal consultation to discuss your case.
Being injured at work can be unexpected and devastating. Protocols and safety-related policies are in place to help, but it can still be sudden. And when that happens, you start stressing over what to do now. More than 100,000 workers are injured in a work-related accident every year. This can lead to numerous doctor visits, depression, chronic injury, and especially financial hardships.
Take these important and necessary steps to begin your workers’ compensation claim!
As minor or severe as your injury is, seek immediate medical help right away! Even the smallest injuries may result in fatal ones. We also recommend keeping and maintaining your medical record and doctor visits as this can help your situation and strengthen your workers’ compensation claim. Your doctor should also submit Form CMS-1500 as a preliminary medical report detailing what happened and your condition. This is crucial evidence when submitting your claim!
Many employers have workers’ compensation in place for work-related accidents to cover any illnesses and injuries they may face. After your work-related accident and seeking medical care, you should follow up with your employer. Notifying them in a timely manner helps to avoid delays and other issues.
Complete the C-3 Form and submit it to the Workers’ Compensation Board within two years of your work-related injury. However, we recommend doing it sooner as this can help ensure your claim does not get denied due to missed deadlines.
In our experience, we recognize that Form C-3 may be complicated for some individuals. Thus, we recommend seeking a workers’ compensation attorney such as us to assist you with the process. This can also be helpful so as not to make any mistakes when submitting the form, and ensuring the other parties are also responsible for completing their part. We can also advocate for you if there is a dispute regarding your claim.
Now that your claim has been submitted, it is just time and patience. However, there are a few key things to note. Unfortunately, some board representatives may not make the time to thoroughly investigate your claim and therefore cause your claim to be delayed or worse, denied. By doing this, insurance companies can try saving themselves money by minimizing your payout.
With an experienced advocate such as a worker’s compensation attorney from The Law Offices of Edmond J. Hakimian, we can help you stand up for your rights. We know how to deal with insurers and have experience in such situations.
Once the claim has been received, reviewed, and approved by the insurance company, you should begin receiving your benefits within 3-4 weeks. However, some claims can be disputed and denied. In these cases, an experienced workers’ compensation lawyer such as us may help you with the appeal process. As always, we will assist you in this case with the processes and documents.
As you receive your benefits, you are still required to go to doctor visits to ensure your injury is healing correctly and have them submit reports. This is also a requirement for the Workers’ Compensation Board to determine your eligibility for ongoing benefits.
An Independent Medical Examination or IME may be done after a healthcare professional’s examination which is usually done by an employer or insurance company. This is done usually to determine the injury timeline, whether it prevents you to actually work, or whether the injury has subsided, reaching the Maximum Medical Improvement (MMI).
While this isn’t an uncommon request, many insurance companies and employers could use the IME report to take advantage of the injured worker, using the findings of the report to reduce, limit, or even deny payouts for them. This can make the injured person feel helpless, but an experienced workers’ compensation attorney will help advocate for you.
While you are recovering from your injury and receiving workers’ compensation benefits, you may also find that you are unable to work. In these instances, you may also be able to receive lost wages for not being able to work due to your injury. The amount depends on the severity of your disability and its effect on your ability to work. Your doctor will examine and distribute a disability rating of out 4 possible classifications in New York City.
This classification is given only when your injury is reduced to a small degree where you may still perform other tasks, such as still being able to move stuff around, but not lift heavy objects. As your injury heals, you may be able to go back to your work duties.
In this instance, you break your leg or your arm, causing you to be unable to perform your regular work responsibilities. This forces you to be unable to work, thus losing your ability to earn wages. However, you may be able to return back to work after your injury heals.
When this happens, you may suffer a permanent loss of some of your wage-earning. For example, you break your arm and lose your ability to use it requiring you to find a different field that doesn’t require physical strain. This can be broken down into two categories:
– Scheduled Loss of Use: injuries that affect specific body parts such as arms, legs, fingers, eyes, hearing, etc.
– Non-Scheduled: injuries involving essential organs such as the heart, lungs, brain, etc.
Unfortunately, this is when you are paralyzed or have a disastrous injury that causes you to not be able to work losing all your wage-earning capacity. This also means that you are unable to return back to work, but furthermore, you are unable to work in any capacity in your life due to the condition.
With the previous above mentioned, the board will use these classifications to determine how much you will receive to compensate for your lost wages. The NYS Board uses the following formula to calculate the weekly payout:
Weekly benefit = (2/3 average weekly wage) x % of disability
The amount of the weekly benefit is adjusted every year by the Commissioner of Labor to the Superintendent of Insurance. In your first seven days of injury, you will not be receiving cash benefits. However, if your work-related injury lasts longer than fourteen days, your payments will include the start of your disability. Medical coverage will also occur from the first day you were disabled. Furthermore, prescription medications and transportation may be covered.
You may be able to file a personal injury claim and collect workers’ compensation benefits from your employer if you are injured at work through a third party. Some examples of these third-party injuries are contractor negligence, motor vehicle accidents during work hours, and slip-and-fall accidents while doing your job at other locations.
As these specific cases may be challenging, we recommend an evaluation of your case with an experienced workers’ compensation lawyer such as our law firm to consult your case and take the next course of action.
On rare occasions, a denied workers’ compensation claim may arise. These claims may come up even when you thoroughly go through the whole process. When this occurs, you can request a hearing from a judge to determine your compensation eligibility.
Before you begin the appeal process, you should understand why your claim was denied. Just because your claim got denied does not mean you aren’t eligible for benefits. Some possible reasons may be incorrect information, missed deadlines, or disputes. As you figure out what the reason may be, you can then prepare your documents and necessary information.
When your claim is denied, you can request a review of the decision by the Board. To start this process, you or your attorney should file Form RFA 1-W to request a formal hearing.
After filing, you may start collecting evidence to prove that your claim should be approved. In this course of action, a workers’ compensation lawyer is recommended to help strengthen your case. They can assist in gathering medical records, witness statements, and other documents that establish your injury.
Once you attend your hearing, the workers’ compensation judges will listen to both parties and conclude a decision based on what is presented to them. You can present your arguments and submit the evidence collection, as well as question witnesses of the insurance company.
The judges will then provide a written decision on your case. If your claim is approved, you will start receiving the benefits. If it is denied, you can request a review with the Workers’ Compensation Board’s appeal board.
You have the right to request an appeal in writing with the Appeal Board within thirty days of their decision. The board will review the evidence collection during the hearing and determine a decision to approve or deny your claim. If your claim is denied with the Appeal Board, you may appeal again with the NYS third department.
In these rare instances, the Court will be able to examine your evidence in the hearing and assess a decision. You can file an petition with the Appellate New York State Supreme Court within thirty days of the Appeal Board’s decision. If approved, your benefits will be granted to you!
Getting injured in a work-related accident is uncommon. And when it happens, we can be totally unprepared and lost on how to start the process. Workers who have been hurt on the job need to know their rights and responsibilities, as well as the other party’s. By hiring a workers’ compensation lawyer, it can ease the whole process.
At the Law Offices of Edmond J. Hakimian, our New York Workers’ Compensation attorneys have the knowledge and experience to assist with your claim process. An unexpected work-related accident can be overwhelming, but our talented team can successfully navigate the workers’ compensation process with ease, and help you win your case!
For many people especially those who are new to the process, it is easier to have one immediately when starting your claim. Workers’ compensation lawyers are able to evaluate your case and start helping you gather the necessary documents needed. You can also hire an attorney later on down the process if you feel that you might be overwhelmed, or would like an advocate in the case your claim is denied. However, it is better to hire one sooner rather than later in the process to strengthen your case and get it approved quicker.
Many workers’ compensation law firms are paid on a contingency fee basis. In other words, attorney fees and case-related expenses will be collected after we win your case! By going with us, you won’t have to think about the financial hardships of hiring an attorney as you navigate your injury. Thus, we mean it when we say that your consultation and case review is free! There is no obligation and we will only collect payment after we win!
Don’t be unprepared and don’t let insurance companies take advantage of your employee rights! Let us at the Law Offices of Edmond J. Hakimian advocate for you, and fight for the maximum compensation you deserve! Call us at (718) 362-3180 or send us a message to schedule your free consultation and case review!
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.
Call now and get a free workers’ compensation legal consultation and case evaluation. Pay nothing unless your case is won!
If you have been injured at your jobsite, you have every right to be able to get workers’ compensation insurance. And while filing a claim can be easy, the process may be troublesome if you don’t know your rights. Explore our most popular FAQ for more details on your type of accident. Each person’s case is different, so we recommend consulting an attorney to discuss and evaluate your case.
Depending on the severity, the most important priority is seeing if you need medical attention. If you only sustained minor injuries, we recommend take photos and videos of the workplace accident and any witnesses contact information. From there, you can set up a consultation with a workers’ compensation attorney to discuss your options.
Companies have to defend themselves as well, and you may be at a disadvantage in your case without a worker’s compensation attorney. Additionally, while many companies have workers’ compensation insurance in place, it does mean that you have been given every right while injured. With at attorney, they are able to handle all legal documentations, and will be able to help you through the whole case making sure you get the justice you deserve.
The U.S. has no-fault claims for workers’ compensation. You are still able to receive workers’ compensation benefits even if it is your fault.
Our office offers free legal consultation and case evaluation! Focus on getting the medical attention and compensation you deserve without having to worry about any fees.
Our online Contact Form makes it easy for you to sign up online without having to come into the office. We can assist you with any general questions and respond to your requests within 24 hours.
A free consultation will firstly be conducted to assess your case and make sure we are the right fit. You have two years statute of limitations to file a claim in the state of NY. Once determined, we assist you in filling out the form, gathering proper evidence (e.g., video evidence, witness testimony, etc.), and filing your claim. After submission, it is waiting for the Board to see if there is a scheduled hearing or not. If denied, we will gather more evidence, making sure your claim is approved. Throughout the whole process, you have direct access to your attorney, so if you have any questions, you are able to reach them. Once approved, you can rest assured that you are getting the justice you deserve. And you pay nothing throughout the whole process until you win your case!
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Protecting your rights in Workers’ Compensation, Personal Injury, and Social Security Disability cases in all of NYC’s five boroughs and Long Island.
The information on this website is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by accessing or using the information on this site. The content on this website may not reflect the most current legal developments, verdicts, or settlements and is subject to change without notice. We encourage you to schedule a free consultation with our attorneys to understand how the law applies to your specific situation and discuss your legal needs.
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