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Workers Comp Lawyer New York

New York Workers’ Compensation is essentially a “no-fault” system. This means that workers may receive benefits even if they are the sole cause of the accident. Even if your immigration status is in question, you still qualify for New York State Worker’s Comp benefits.  Fault does not impact the benefits received unless a worker’s injury was caused solely due to his or her intoxication or intent to injure themselves or another.  It is important to know that Workers’ Compensation case is not a lawsuit against one’s employer, but a claim with the insurance carrier to cover medical and wage loss benefits.

You can directly contact our experienced worker’s comp attorneys 24/7 by calling 212-514-5100 all week long.

What to Do After an Accident, to File a Worker's Compensation Case?

  • Report the accident to the employer in writing, via text message, or with witnesses, within 30 days of the occurrence.
  • If possible take pictures or video of the area where the accident area to have proof of what caused this incident.
  • Call 911 to get ambulance to take you to the hospital and/or treat at an onsite clinic
  • Call our law firm for free consultation and to obtain immediate legal protection
  • Do not speak to insurance representatives

You need to prove that your accident took place and more importantly that you reported it to the employer within 30 days. If you do not do that you may preclude yourself from any future workers compensation benefits.

Can I Collect Workers' Comp as a City or State Employee?

  • Yes, most city and state employees are eligible for workers’ compensation benefits.
  • This includes Correction Officers, EMT, State Police Officers, and more.

What Are the Best Workers Compensation Cases?

  • Schedule Loss of Use cases (SLU): These cases arise out of an injury to an extremity or joint while on the job. For instance, this would include injuries to your shoulder, elbow, hip, knee, wrist, fingers, ankle, or toes. Our workers comp lawyers will advise you to maximize your benefits in this type of case.
  • Loss of Wage Earning Capacity (LWEC): These cases arise from injury to your systemic areas such as head, back, or neck. You must be out of work due to your injury in these cases. A workers’ comp attorney will be able to help you decide if this scenario fits your injuries.
  • Section 32 (settlement) cases: Your case must include spinal injuries to lead to a Sec. 32 settlement. A Sec. 32 is an overall settlement that encompasses an entire case, including your lost wages and medical treatment.

Why Do I Need to Hire a Worker's Compensation Attorney?

  • A Workers’ comp attorney can secure your workers compensation benefits including weekly lost wages payments if you are out of work, as well as medical treatment.
  • Your weekly payments can be as high as 2/3 of your average weekly salary (up to a certain limit).
  • Hiring a workers’ comp attorney will allow you to receive benefits quickly as the attorneys are familiar with the system and can file for hearings or reach out to the insurance carrier attorney right after injury.
  • The employer and their insurance will have attorneys to represent them and you stand almost no chance when confronting them at the time of the hearing in Workers Compensation Board.

How Long Does a Worker's Compensation Case Last?

  • A workers’ comp attorney can help you settle your case 1 year after your last surgery, if you do not need any additional surgeries in the future.
  • If you do not require any surgeries, your case can be resolved within 6 months of the accident.
  • Your case though can last longer than a year if you require continuous medical treatment.

Can I sue Worker's Comp Insurance/Employer for Pain and Suffering?

  • Unfortunately, your employer and workers’ comp insurance cannot be sued for pain and suffering. New York State law prohibits you from suing the employer and instead provides you with workers compensation benefits that are paid by your employer’s insurance.

What Are 4 Mistakes that Can Destroy my Worker's Comp Claim?

  • Failure to report the incident and injury within 30 days of the date of the injury.
  • Failure to timely file a workers’ comp claim within 2 years of the date of the injury.
  • Not disclosing prior injuries/accidents that involved the same parts of the body as claimed in the current workers compensation claim.
  • Lying to the doctors and/or workers’ comp attorney.

Can a Worker's Comp Attorney Help Me if the Insurance Carrier Denies my Benefits?

  • Yes. Many times, the insurance carrier refuses to pay you your protected wages while out of work due to your injury.
  • Our workers’ comp attorneys will make sure you are paid your protected wages starting the day you cannot return to work due to your injury.

Can Worker's Comp Insurance Carrier Stop my Payments Without Notice?

  • If a Judge directs the workers’ comp insurance carrier to make continuing payments those payments cannot be stopped unless ordered by a Judge.
  • Sometimes insurance companies will stop these payments based on the results of the IME conducted by their doctor. It is illegal though and easily corrected at the time of the hearing.
  • It is the goal of our workers’ comp attorneys to make sure that your payments will continue without any disruptions.

Does Worker's Compensation Insurance Provide Job Security?

  • Sadly, there is no job protection under workers’ compensation unless firing you would be a violation of the American Disability Act or other federal or state laws.

If I change jobs or employers after my injury, am I entitled to Workers’ comp benefits?

  • Yes, it does not matter where you are employed you are still entitled to workers’ comp benefits. After your injury is accepted and established medical will be covered.
  • If you start a new job and make less money than at the time of the injury, the insurance carrier will pay 2/3 of the difference between what you made weekly at time of injury and new weekly salary.

Can You Continue to Collect Worker's Compensation Benefits if Fired?

  • You are entitled to collect workers’ comp benefits even if fired from your job.
  • Medical treatment will continue to be covered.
  • Weekly lost wages payments may change depending on employment and temporary disability status.
  • Our workers’ comp attorney will help evaluate the situation and guide you in the right direction, so you continue to receive you wage benefit.

Is Worker's Comp Benefit or Award Taxable?

  • NO, taxes will not be deducted nor are taxes owed on any workers’ comp benefit or award.

Will my Inmigration Status Affect my Worker's Comp Claim?

  • No matter what your status you can qualify for workers comp benefits.

What Settlement Can I Get From Worker's Compensation?

These are the three main types of settlements.

  • S32 which is a one-time payout and most of the time it relives the workers’ comp insurance carrier of any future responsibilities
  • Schedule Loss of Use (SLU) which is a one-time payout of percentage loss to specified injured body part such as arm, leg, hand, or foot. This percentage is determined by doctors. Once you receive this payout your case is NOT closed. Your medical treatment will still be paid for by the insurance carrier.
  • Loss Wage and earning Capacity (LWEC) which is a percentage that you are unable to perform duties in the work force. This takes into consideration your physical disability and factors such as language, highest level of education, computer skills. This type of settlement is paid in biweekly cheeks for a determined number of years. In order to receive these awards you must be out of work or working at a lower salary than time of injury.

Can the Money Paid by the Insurance Carrier, While I Was Out of Work, Affect my Settlement?

  • Yes, your settlement can be affected by prior wage loss payments. This occurs when receiving a schedule loss of use award. The insurance carrier can take credit for all money previous paid for lost wages. The carrier does not take credit for prior payments in either loss wage and earning capacity cases or if a Section 32 agreement is reached.

Can I appeal a decision from the Workers’ Compensation Law Judge?

Yes, you can appeal a decision made by the Judge at your workers’ comp hearing. There is a multi-level appeal process:

  • 1st level of appeal is the Board Panel, which is a 3-person committee of board members who review the Judge’s decision.
  • 2nd level is the Full Board, which reviews the decision of the Board Panel.
  • 3rd level is the New York State 3rd Department Appellate Division Court located in Albany.

Can I File a Workers’ Comp and Personal Injury Claim at the Same Time?

Yes, if your injury that occurred at work is due to the negligence of a third-party.

  • Possible third party actions can occur when the injury was caused by a motor vehicle accident, construction accidents, defective products, or property owner misdoing.

We Are a Full Service Firm

The Platta Law Firm is a full-service firm. Our workers comp lawyers will identify if a person or entity other than your employer is at fault for the accident. We will also act on your behalf to tap into all avenues of compensation for your injuries. Our ability to handle workers’ compensation claims as well as personal injury lawsuits allows us to maximize your recovery. This furthers an open line of communication with clients on all matters simultaneously. We always maintain an excellent communication between the attorney and client during the workers’ compensation process as it is essential to achieving the best result.

An additional benefit to retaining a full-service law firm comes in the form of a worker’s comp lien reduction. For all personal injury cases where there is a worker’s comp component, there will be a lien. Specifically, the workers comp insurance carrier will assert a lien on the personal injury settlement. The lien will encompass all costs the workers comp carrier has incurred on the claim. Our workers comp lawyers will always seek to negotiate a lien reduction with the workers comp insurance carrier at the end of the personal injury case. Reduction of the workers comp lien results in an increased personal injury settlement in civil case, payable to the injured worker. Our firm will seek to reduce a worker’s comp lien, even if doing so results in no further attorney fee for us on the workers comp case. The interest of our clients always comes first!

The workers comp lawyers at the Platta Law Firm understand the New York State workers’ compensation system. We know the tactics used by insurance carriers to reduce the benefits of injured workers to cut costs. Our workers comp attorneys have handled hundreds of hearings, trials, and settlements within the system.

If you want to learn or know more about New York Workers’ Compensation laws and/or if you have a case, please contact us for a free consultation. We handle cases throughout New York State and our workers’ compensation attorneys are here to help and fight for your rights.

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