New York City Workers’ Compensation Lawyer
New York City would not be where it is today without workers performing their jobs despite the risk of serious injury and even death. From working on high-rise buildings hundreds of feet above the ground, to working in the tunnels beneath our city, people often risk their lives to support their families and keep our city moving.
Workplace injuries can happen in an instant, without any forewarning, and are often devastating. Taking the next step by seeking compensation after a work-related injury can help secure your finances and access treatment while you recover. Contact Shulman & Hill’s New York City workers’ compensation lawyers today for a free legal consultation to learn more.
What is Workers’ Compensation?
Workers’ compensation is an insurance policy that most employers in New York City are required to carry. Even if you made a mistake on the job, or if the accident was your fault, you may still be eligible for workers’ compensation benefits.
After an injury, a worker can file a claim through their employer’s workers’ compensation insurance to recover compensation for medical expenses, including physical and rehabilitative therapy, and lost wages. Even if your claim was denied, you may still qualify for workers’ compensation benefits. Our New York City attorneys can review your case to see if your workers’ compensation claim may have been wrongly denied.
Filing a NYC Workers’ Compensation Claim
Your employer’s workers’ compensation insurer could try to look for reasons to deny you benefits. That is why working with an experienced workers’ compensation lawyer can be beneficial.
Remember that your injury needs to occur within the scope of performing your work-related duties. This means that you may be able to obtain benefits even if your injury occurred outside of the formal workplace, such as driving a vehicle, but you must have been engaged in work-related tasks. So while you may be compensated for an injury that occurred while you were driving to deliver a package on behalf of your employer, you will likely not qualify for benefits if you were driving to get food on your lunch break.
If your loved one died in a work-related accident, you and your family may qualify for survivor benefits through workers’ compensation.
How to File for NY Workers’ Compensation
When filing a workers’ compensation claim, the first step is to report the incident to your supervisor and see a doctor right away. By documenting the accident and getting medical attention, you are creating a clear record of what happened and verifying that it was related to your job. Memories may fade or details may become hazy, so if possible, ask your coworkers to also report what happened to corroborate your statement to your employer.
You should inform your employer of your accident within 30 days of your injury. However, coming forward sooner rather than later is always advisable. Even if 30 days have passed, consult with a workers’ compensation lawyer in NYC to see if you may still be able to file a claim.
In order to claim workers’ compensation in New York City, you will need to file a C-3 employee claim form with the Workers’ Compensation Board. This document must be filed within two years of your injury or within two years of the date when you knew or should have known your injuries or illness were work-related. The C-3 form will ask you for certain details, such as your job title and responsibilities, your gross pay, and your employer’s information. It will also ask you how your injury occurred, what was affected by the injury, and what kinds of treatment you have received for it.
It is important to note that the C-3 form only authorizes a limited release of medical information. You still maintain your rights to medical privacy when submitting a C-3 workers’ compensation form, meaning certain categories of health information will not be discussed or shared by your healthcare provider when filing for workers’ compensation.
Be as thorough as possible when filling in the C-3 form and sharing information with your doctor and employer. Keep as many records of your accident and treatment as possible. When you have been injured, it is best to hire a New York City workers’ compensation lawyer immediately to help you navigate the process and help you file. It is much easier to ensure you can access all of the workers’ compensation benefits you may be eligible for when you have legal representation. However, even if you have already filed for workers’ compensation, it is not too late to speak to our team of attorneys. A workers’ compensation lawyer in New York City can take on a case even once your C-3 form has been submitted.
NYC Workers’ Compensation Claims for Remote Employees
During the COVID-19 pandemic, remote work has burgeoned and helped many New Yorkers continue working safely.
Even though remote or telecommuting workers are not working under the roof of their company’s commercial property, they may still qualify for workers’ compensation benefits if they were injured on the job while working from their own homes. Types of hazards remote workers face include:
- Poor ergonomics
- Repetitive motions, such as typing and using a mouse
- Lifting a work-related package delivered to their home
Types of repetitive stress injuries New York City remote and telecommuting workers may be prone to include:
- Sprains and strains
- Carpal tunnel syndrome
- Rotator cuff tendonitis
- Back pain
While it may seem counterintuitive, being at home actually increases your chances of becoming injured on the job. Based on a new survey, 41 percent of Americans have reported experiencing new or increased neck, back, or shoulder pain since working remotely. Because working from home often involves less structure, more distractions, and at times, suboptimal working conditions, many workers report spending longer hours on the clock and/or seeing increased repetitive stress strains and accidents.
Workers’ compensation claims can be successful even if you were injured while at home, instead of onsite at the office. Your residence should be established as an alternate workplace for your company. Then, as long as the injury occurs during work hours and while performing work tasks, you may still be able to file for workers’ compensation in NYC.
Furthermore, a covered injury does not need to occur only within the confines of your home office. For instance, slipping on the stairs while carrying up a work-related package during work hours may qualify you to file for workers’ compensation benefits to treat your injury.
Why Was My New York Workers’ Compensation Claim Denied?
If your claim was denied, it could be due to several reasons, such as:
- Injury was not reported within a reasonable time frame – You should report your injury to your supervisor as soon as you are able to do so.
- Claim was not filed on time – Consult with a New York City workers’ compensation lawyer for guidance on important filing deadlines.
- Employer disputes claim – Your employer says that your claim happened outside of the scope of your employment or under other disqualifying circumstances.
- No medical treatment – If you forgo medical treatment after your injury or wait too long to receive medical treatment, your employer could argue that the injury was not serious enough to warrant benefits.
When to Hire a New York City Workers’ Compensation Lawyer
The best time to hire a workers’ compensation lawyer is directly after a workplace injury occurs. Reporting a clear narrative from the start to your employer’s insurance company can save you headaches and bureaucratic challenges down the road.
It is imperative for injured workers to seek medical attention as soon as possible after a workplace accident. Whether you were injured while working from home or at a job site, do not wait to see a doctor.
It is always best to consult a qualified workers’ compensation attorney to ensure that your interests are protected. Even if your employer does not deny your work-related injuries and their insurer does not challenge your rights to workers’ compensation benefits, it may be best to speak with an attorney to ensure that you are receiving the maximum amount of benefits to which you may be entitled.
Some of the following are examples of when you should hire a New York City workers’ compensation lawyer:
- When you have suffered an injury that prevents you from making a full return to work: Lasting or severe injuries may involve more costs than just your medical bills. If you have to take time off work to recover, workers’ compensation should be able to cover a portion of your missing wages while you heal. In extreme cases of lasting disability that may necessitate a change in careers or prevent you from working altogether, a qualified NYC workers’ compensation attorney can help you navigate these financial hurdles by ensuring you receive maximum workers’ compensation benefits and any other social safety nets available.
- Your employer disputes that the injury occurred at work: Unfortunately, all too often employers and their insurers may seek to protect their own bottom line instead of their employees. Especially in the era of remote work, your employer may attempt to dispute how the injury occurred or an insurance company may attempt to defer payments for accidents that should be covered by workers’ compensation. A well-versed workers’ comp attorney in NYC could gather evidence to help prove that your injury occurred within the scope of your employment and therefore warrants benefits.
- Your employer is slow to file a claim: If your employer is dragging their feet on submitting your workers’ compensation claim to their insurer, there may be a larger problem. Speak to a qualified New York City workers’ compensation lawyer to make sure your claim is being processed in a timely manner and before the deadline expires.
- You have a pre-existing condition or injury: Having a pre-existing condition in an area that has been injured or re-injured can complicate your medical records and workers’ compensation eligibility. Workers’ compensation should still cover your immediate treatments, but you may require help from a workers’ compensation lawyer to ensure the claim is successful.
- Your physician recommends treatment that insurance will not pay for: What does workers’ compensation cover? Workers’ compensation should cover all treatments for your qualified injury, including some therapy and rehabilitative care. If the insurance tells you otherwise, talk to an experienced attorney for workers’ compensation about what your employer’s insurance should cover in the event of a workplace injury.
- Your employer retaliates against you: Filing a workers’ compensation insurance claim is your right. You should not see a change in your hours or compensation because you were injured on the job and filed for compensation. Retaliation for putting in a valid workers’ compensation claim is illegal and may warrant additional legal action.
- The insurance company denies your claim: Insurance companies may attempt to deny claims for especially long-lasting or severe injuries simply because they are more expensive. Alternatively, they may argue that there is not enough proof that the injury occurred at work. If your claim was wrongfully denied, you may still have a case to claim workers’ compensation benefits. Seek a second opinion by talking to a qualified NYC workers’ comp attorney today.
- You are planning to file for SSDI benefits: SSDI benefits can be affected by workers’ compensation benefits. If you plan on filing for both, a lawyer can help ensure your benefits are not reduced more than they should be.
- You have a third-party claim: If a third party, such as an independent contractor or property owner, contributed to the cause of your injury, there may be additional legal recourse available to help you recover compensation for your pain and suffering, which is not covered under workers’ compensation insurance. Consult with our team of workers’ compensation lawyers to see if pursuing a personal injury case is an option for you.
- Your settlement does not cover all of your medical expenses or lost wages: A workers’ compensation lawyer can help explore other options if your workers’ compensation benefits are too small to cover all of your costs and missing wages. The only way to find out if you are receiving everything which you may be owed is by speaking to a qualified attorney.
Benefits to Hiring a New York City Workers’ Compensation Lawyer
Hiring one of our workers’ compensation attorneys could help give you some peace of mind in this difficult period. Our New York City office can handle all the paperwork and forms, along with negotiating with the employer’s insurance company on your behalf. We will gather all the evidence to support your case, including medical records, bills, accident reports, employment records, and if needed, witness testimony from your colleagues.
When you are injured, you may not have the ability to go through the steps of filing for New York City workers’ compensation benefits all by yourself. When you are recovering from an injury, it can seem like a daunting task. At Shulman & Hill, our specialty is helping ensure injured workers receive the maximum amount of compensation they may be entitled to for their medical expenses and lost wages.
NYC Workers’ Compensation Lawyer: FAQ’s
How do workers’ compensation lawyers get paid?
Our New York City workers’ compensation lawyers are paid on contingency, meaning we accept no fee up front and take a small percentage of whatever we help you recoup. For this reason, our team is incentivized to successfully resolve your case. This model also makes our services accessible with no financial risk. If we do not recover anything for you, you do not pay.
How much is a typical workers’ compensation settlement?
A workers’ compensation settlement in New York City varies greatly depending on the scope of the injury, how long you have to be out of work, and the treatments required. Our injury at work lawyers can help you understand how workers’ compensation payments are typically calculated.
How does workers’ compensation work in New York?
Once you are approved for workers’ compensation in New York City, you should receive payments from the insurance company every week or every two weeks. These payments should compensate all of your medical treatment for a covered injury, as well as a portion of your pay for the time you have to be out of work.
Do you have to use sick leave for workers’ compensation?
In New York City, you are not required to use your sick leave while receiving workers’ compensation. Your employer cannot make you use sick leave or paid time off in lieu of providing workers’ compensation benefits.
Is workers’ compensation reported on your W-2?
Another way of asking this question is, “is workers’ compensation taxable?” The answer is no. NYC workers’ compensation benefits are not reported as income on your W-2. Workers’ compensation payments are not subject to income tax.
When should I start to receive workers’ compensation payments?
In New York City, there is a mandatory waiting period of seven days before workers’ compensation payments begin. Payments must begin within 18 days after filing for a qualified injury.
Talk to a New York City Workers’ Compensation Lawyer Today
When you work with Shulman & Hill, you can rest assured that our lawyers will make your case their priority. We assess the details and circumstances of each case by their own merits, no matter how simple or complicated they may appear.
Our lawyers know how difficult it is to be unable to work after an injury, especially for those who support their families. When you work with us, we aim to get you and your loved ones back on track, no matter how off course your injury may have sent you.
Contact Shulman & Hill today, or schedule a free legal consultation online. Our New York workers’ compensation lawyers can review your case and help you understand your legal rights and options for pursuing benefits. You will only pay for our services if we win your case.
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