Brooklyn Workers’ Compensation Lawyer

Hurt on the Job? Talk to a Brooklyn Workers’ Compensation Lawyer

Whether you are a construction worker, a driver, or an office worker, anyone can get hurt on the job. Brooklyn workplace injuries happen in all industries and in a variety of work environments, from home offices to factories. Injured employees should be entitled to workers’ compensation coverage for their medical bills and lost wages, but it is not always that simple. Some insurance companies may try to deny an injured worker’s claim or downplay their injuries, making it difficult for the worker to receive the compensation they may be entitled to.

The workers’ compensation claims process can be time-consuming and frustrating during a time that should be spent recovering. An experienced Brooklyn workers’ compensation lawyer can assist you with your claim by negotiating with your employer’s insurance company on your behalf and protecting you from employer retaliation. If you were injured in a Brooklyn workplace accident, contact Shulman & Hill today for a free legal consultation.

Brooklyn Workers’ Compensation: When You Can File a Claim

According to the Bureau of Labor Statistics, over 2.7 million workplace injuries and illnesses were reported in 2020. In the same year, the industry sector with the highest number of preventable fatal injuries was construction. If you are injured at work, you may require minimal to serious medical assistance, or even hospitalization, thereby incurring substantial medical expenses. This is especially stressful if you are out of work while recovering from your injuries and temporarily unable to rely on your paycheck.

New York law requires most employers to carry workers’ compensation insurance to cover various losses employees may incur if they are injured in work-related accidents. However, insurance companies may not always be upfront about all of the benefits a worker may be legally entitled to, making it advisable to work with an experienced law firm in Brooklyn after an accident on the job.

We are prepared to thoroughly investigate your case and gather evidence to show your claim should be promptly approved. We can also help ensure all paperwork is filed by the proper deadlines. A minor paperwork error could render your claim invalid and delay the process.

What to Do after a Brooklyn Work-Related Accident?

Hiring a workers’ compensation lawyer in Brooklyn is not the only step you can take to maximize your chances of securing compensation after a work-related accident. In the immediate aftermath of a workplace injury, it is best to report it to your supervisor or manager and seek medical attention. If possible, getting statements from witnesses can be helpful. They can attest to the fact that you were injured while performing work-related tasks.

Seeking medical care is necessary even if you do not think you have been seriously injured. It is not uncommon for an injury to present symptoms days or even weeks after an accident. It is therefore helpful to have documentation showing that you sought care right away when filing a workers’ comp claim in Brooklyn.

When to Call a Brooklyn Workers’ Compensation Lawyer

• Your employer denies that your injury happened at work – When your employer or their insurance company denies that an injury happened on the job, a Brooklyn workers’ comp lawyer can help establish a link between your injury and your work duties in order for you to receive the compensation you may qualify for your medical bills and lost wages.
• Your settlement does not cover lost wages or medical expenses – Injured workers may have concerns over how their benefits are calculated, especially if the amount of compensation being offered does not cover the total medical bills and lost wages related to the injury. A Brooklyn workers’ compensation attorney can help ensure you get the compensation you need for adequate medical care and wage supplementation.
• You have a pre-existing condition – Employers and workers’ compensation insurance companies may blame workplace injuries on pre-existing conditions. Having a pre-existing condition should not disqualify an injured worker from receiving the benefits they need. A workers’ comp lawyer can fight for the appropriate compensation for your injuries on your behalf.
• You are planning to file for Social Security disability benefits – Social Security disability benefits may be reduced by workers’ compensation benefits. A workers’ comp attorney in Brooklyn can help minimize the amount your Social Security benefits are reduced.
• You are experiencing retaliation at work – Injured workers who experience retaliation for filing a workers’ comp claim should contact a workers’ compensation lawyer immediately. Employers are prohibited from retaliating against an employee for filing a workers’ compensation claim. Retaliation may include termination, demotion, suspension, harassment, and discrimination.
• The insurance company is refusing to pay for necessary medical treatment – Employees who are injured at work may require expensive medical treatment. Insurance companies may try to deny treatments like surgeries due to the cost. A good Brooklyn workers’ compensation lawyer can put pressure on the insurance company to approve necessary treatments for your workplace injuries.
• You have a third-party claim – If someone other than your employer contributed to your workplace injury, a Brooklyn lawyer could file third-party lawsuits for damages not covered under workers’ comp insurance. Common third parties involved in workplace accidents include property owners or drivers who hit a worker while they are driving on the job.
• Your employer is taking a long time to file the claim – After you get hurt on the job and notify your employer, they should provide the appropriate paperwork, file the claim with their workers’ compensation insurance carrier, and report the incident to the state within an appropriate amount of time. A lawyer can help keep your claim moving forward and prevent any unnecessary delays.
• Your injury is severe enough that you may never fully return to work – With some minor workplace accidents, you may be able to easily file a claim and receive benefits for a few days off of work to recover. If you suffer severe or catastrophic injuries at work, however, a workers’ compensation lawyer in Brooklyn can help you get the benefits you need to cover your future medical expenses and lost wages.
• The insurance company denies your claim – If your workers’ compensation claim is denied, you have the right to appeal the decision. However, when a workers’ comp claim is contested, it may be in your best interest to consult with a workers’ comp attorney who can file the appeal and fill out the appropriate paperwork on your behalf.

Benefits of Hiring a Brooklyn Workers’ Compensation Lawyer

Our attorneys can not only help you get your workers’ compensation claim approved in a timely manner but can also make sure the insurance company pays you the appropriate benefit amount based on the circumstances of your case.

Sometimes insurance companies may not be forthright about all of the benefits you may be entitled to, such as benefits for assistive devices or medically necessary medications. An attorney will use their experience and knowledge to ensure you receive the maximum amount of benefits you may be entitled to.

Our attorneys can also help you file a strong claim and handle all major correspondence with the insurers. Our Brooklyn attorneys want to ensure you receive the financial and medical benefits necessary to recover after a workplace injury or illness.

We Handle the Workers’ Compensation Claims Process So You Do Not Have To

Negotiating with an insurance company is just one part of the workers’ compensation claims process. Seeking compensation after a work-related accident may also require completing and filing paperwork, coordinating with doctors, calculating your losses, and much more.

Handling tasks of this nature on your own after an injury can be draining. We want to help you focus on recovering, so let our Brooklyn lawyers handle all aspects of the workers’ comp claims process for you and keep you thoroughly updated on our progress.

What Does Workers’ Compensation Cover in Brooklyn?

Workers’ compensation may cover your medical care and a portion of your lost wages while you are unable to work. Our Brooklyn workers’ compensation lawyers will review your specific losses to ensure you receive appropriate compensation when filing a claim.

If another party’s negligence caused or contributed to your accident, it may be possible to seek additional compensation by filing a third-party claim. This may result in compensation not covered by workers’ compensation, such as pain and suffering. Identifying the potentially responsible parties for compensating you often requires conducting an investigation. Our skilled personal injury attorneys at Shulman & Hill will have access to all the resources necessary to do so.

Brooklyn Workers’ Compensation Lawyer: FAQ’s

How does workers’ compensation work in Brooklyn?

Brooklyn workers who are hurt on the job should immediately seek medical attention and notify their employer within 30 days. The employer will then report the injury to the state’s Workers’ Compensation Board and to the company’s insurance provider. Injured workers are required to file an Employee’s Claim for Compensation form (Form C-3) within two years from the date the injury occurred or when an injury or illness was discovered or should have been discovered. Upon receiving the injured employee’s claim, the insurance company will determine whether they are eligible to receive compensation and if so, payments will start within 18 days.

Who pays for workers’ compensation?

Workers’ compensation insurance is paid for by employers. In most states, including New York, most employers are required to carry workers’ comp insurance. Employees should not be asked to contribute to the cost of workers’ compensation coverage.

What does a workers’ compensation lawyer do?

Brooklyn workers’ compensation lawyers help injured workers file for workers’ comp benefits and fight wrongly denied claims. The Brooklyn workers’ comp attorneys of Shuman & Hill will file all necessary paperwork and handle the logistics of your claim, gather evidence pertaining to your claim, connect you with a personal injury attorney if a third-party lawsuit may be applicable, communicate with insurance companies on your behalf, and fight for the benefits you may be entitled to.

Can you sue if you accept workers’ compensation?

In most cases, you cannot sue your employer for an injury you have already accepted workers’ compensation benefits from. However, if another party besides your employer was at fault for your injuries, you may be able to pursue additional compensation through a personal injury lawsuit. If you were injured at work and a third party was involved, a Brooklyn workers’ comp lawyer will be able to explain your options and connect you with the right legal resources.

How much does workman’s comp pay in Brooklyn?

Brooklyn workman’s comp payouts depend on the severity and type of injury sustained. If your injuries cause you to miss work for more than seven days, you will likely receive temporary disability benefits to supplement your lost wages. Temporary disability benefits amount to two-thirds of your average weekly wage, multiplied by your disability percentage. The state maximum weekly benefit is $1,125.46.

Can you collect workers’ compensation and retirement?

If you were injured at work but were about to retire, your employer’s workers’ compensation insurance will continue to pay for medical bills relating to the injury. However, receiving retirement benefits may result in reduced workers’ compensation benefits. It is important to consult with a Brooklyn workman’s comp lawyer if you are considering retirement after being injured at work.

Is workers’ compensation taxable income?

The compensation received through workers’ compensation insurance is tax-free at both the state and federal levels. However, if you are receiving Social Security Disability Insurance (SSDI) benefits that are offset by workers’ compensation benefits, then a portion of your workers’ comp benefits may be taxed.

Can you get unemployment after workers’ compensation?

If you are let go of from your job after receiving workers’ compensation for reasons unrelated to your workplace injury, you may qualify for unemployment benefits if you are deemed willing and able to work by the unemployment office.

Call a Brooklyn Workers’ Compensation Attorney Today

Over the years, we at Shulman & Hill have recovered hundreds of millions of dollars in compensation for our various clients. Such outcomes are the result of our aggressive and careful approach, personalized for each and every case.

Many Brooklyn workers’ compensation lawyers may promise they can help you receive the maximum benefits. We let our numerous past successes demonstrate our qualifications and expertise. To learn more about how we can help, call us today or schedule your free case evaluation online. We are happy to discuss your specific situation in detail.