New York Workers’ Compensation Lawyer

Workers’ compensation is a type of insurance that provides financial help for people who get injured at work. The income replacement and medical benefits you receive for workplace injuries are guaranteed by law and provided by your employer. Typically, it also protects employers from lawsuits, but there are circumstances when an injured employee may file a personal injury lawsuit against other responsible parties in addition to collecting workers’ compensation.

If you have been injured on the job, you have the right to seek help from a workers’ compensation attorney. They can assist you throughout the process, from filing a claim to handling any disputes that may arise. It may also be possible for you to file a lawsuit against a negligent third party. Call 212.221.1000 to find out how a New York workers’ compensation lawyer from Shulman & Hill can help you.

How to Get Workers’ Compensation Benefits

While there are exceptions, most employers in New York are legally required to provide workers’ compensation coverage to their employees. However, the employees themselves must take certain steps before they can receive these benefits. The New York State Workers’ Compensation Board (WCB) advises workers to:

• Notify their employer of the accident within thirty days
• File the appropriate forms with the WCB within two years
• Check the WCB’s site for updates throughout the claims process

If you have doubts or questions about deadlines or your eligibility for benefits, or if you do not know if your employer carries workers’ compensation insurance, we encourage you to contact us right away. The sooner we can evaluate your case, the more time we have to help you get the benefits you deserve.

Workers’ Compensation Disputes

Despite being a “no-fault” system, workers’ compensation disputes are not uncommon. Your employer may question whether or not your claimed injury is actually work-related, or deny that an injury occurred in the first place. Workers’ compensation insurance companies can also make mistakes and act in bad faith.

When disputes do arise, experienced legal assistance can be very helpful. The workers’ compensation lawyers at Shulman & Hill personal injury law firm in New York know every trick employers and insurance companies use to delay, deny, and underpay legitimate claims. Our workers’ compensation attorneys can help ensure that your rights are protected and you receive maximum compensation, no matter how complex your case is, by:

• Representing you at meetings with your employer and/or the insurer
• Determining the source of any dispute and, if possible, resolving the issue so the insurer approves your claim
• Providing an accurate calculation of how much money you are entitled to recover, based on your injuries and how much work you expect to miss
• Helping you collect evidence that supports your claim, such as medical records, previous complaints, and witness testimony

Fatal Work Accidents

Some workplace accidents are so severe that the victims cannot survive their injuries, even with appropriate medical intervention.

If your loved one sustained a fatal workplace injury before they could pursue benefits, family members can seek benefits instead. We can complete this process for you, lessening your burden and guiding you gently through the legal side of this difficult time.

Our New York Workers’ Comp Lawyers Can Work for You

Even the most straightforward-seeming workers’ compensation case can quickly turn contentious if the insurer and/or the employer refuses to accept responsibility for your injury. For this reason, we recommend hiring an attorney from Shulman & Hill as soon as you are out of immediate danger from your injuries.

Our lawyers can:

• Help you fill out and submit forms on time
• Help gather and compile all necessary evidence and documentation
• Make sure you understand the process and your responsibilities as an applicant or appellant
• Answer any questions you have, provide solid legal counsel, and keep you updated as your case moves through the process

If you are unable to work, however, you may wonder if you can afford legal representation. This is why we work on a contingency-fee-basis.

Our clients:

• Never pay any attorneys’ fees or retainers upfront
• Only pay attorneys’ fees after they receive compensation
• Do not get a bill for attorneys’ fees at all if we cannot get them compensation

This contingency fee, as well as the free case review we offer to all potential clients, can make it easier for you to afford a workers’ compensation lawyer from our firm.

It is also worth noting that our team is very familiar with the ins and outs of workers’ comp cases. With our assistance, you may secure more compensation than you would have if you tried to face the insurance company alone.

What Workers’ Compensation Does (and Does Not) Cover

Per the Workers’ Compensation Board (WCB), workers’ compensation benefits may generally cover a worker’s:

Loss of Income

After missing work for seven days, you can begin to receive a percentage of your normal income. That percentage depends on how serious your injuries are. The more severe the injury, the more you get paid for lost wages, up to two-thirds of your usual salary.

Medical Costs

Your benefits could cover whatever medical treatments your doctor believes are necessary to help you improve as much as possible.

You would have to see a doctor approved by the insurer to be reimbursed for your medical costs. Also, if there is any disagreement over what constitutes “necessary” treatment, you may either have to forgo that treatment, pay for it yourself, or enter negotiations with the insurer. A lawyer from our firm would be happy to handle these negotiations on your behalf.

Survivor Benefits

If your loved one passed away from injuries sustained in a workplace accident, we offer our condolences for your loss. Workers’ compensation insurance may provide you with a weekly paycheck based on the last 52 weeks of your loved one’s average income, as well as money to cover funeral expenses.

Can a Personal Injury Lawyer Also Help Me File a Third-Party Lawsuit?

If you get compensation through workers’ compensation insurance, you may qualify to sue for damages as well.

For example, LL § 240 states that property owners and contractors are responsible for ensuring their workers have access to adequate equipment to protect against gravity-related harms. If they don’t:

• They could be liable for any injuries you sustained.
• You could sue the owner or contractor for compensation in addition to seeking workers’ compensation benefits from your employer.
• Shulman & Hill can help you file for both workers’ compensation and a personal injury lawsuit from the same office.

Suing over a workplace accident could help you make up the difference between what you lost and what workers’ compensation covers. You could sue for:

• Lost income not covered by workers’ comp benefits
• Physical pain and suffering
• Loss of consortium with your spouse

Our firm can handle both your workers’ compensation and your personal injury case. No matter which type(s) of compensation you qualify for, our team can work to get you everything you deserve.

How to Qualify for Workers’ Compensation

The requirements for filing a workers’ comp claim are fairly straightforward. You must:

• Work for an employer who maintains workers’ compensation insurance
• Suffer an injury while performing your job duties
• Not have been engaging in deliberately dangerous or prohibited behavior

This means you could receive workers’ compensation benefits for any number of reasons, including:

• Motor vehicle collisions
• Getting caught in or behind equipment
• Falling from heights
• Getting caught in a fire or explosion
• Exposure to dangerous chemicals or temperatures
• Slipping or tripping
• Repetitive stress injuries
• Lifting heavy objects
• Using dangerous tools

Likewise, the types of on-the-job injuries that entitle a worker to compensation are many and varied. They include:

• Bone fractures
• Head injuries
• Muscle strains or sprains
• Loss of a sense, like vision or hearing
• Loss of a limb or organ
• Burns
• Cuts and lacerations
• Back injuries, including spinal cord injuries

You could even qualify based on a work-related illness, though you may require even stronger evidence to prove a connection between the disease and your work. At Shulman & Hill, we’re not afraid of hard cases, so do not hesitate to contact us if you believe you have a case.

Let Our New York Workers’ Compensation Lawyers Handle Your Case

If you were injured on the job and need to discuss your legal options, you can receive a free consultation with Shulman & Hill. To connect with our team, call 212.221.1000, or contact us online using our convenient form.

One of our New York workers’ compensation lawyers can help you pursue the money you deserve after a workplace accident. With offices in Brooklyn, the Bronx, Queens, Manhattan, Staten Island, and Long Island, we’re proud to serve clients throughout New York City and New York State.