Workers’ Comp Lawyer New York

Workers' Comp Lawyer New York

New York workers’ comp is essentially a “no-fault” system that your lawyer can explain in depth. No Fault 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 will qualify for New York State workers’ comp benefits.

Fault only affects the benefits received in two situations:

  • The injury was caused solely due to their intoxication.
  • The injury was caused based only on the intent to injure themselves or another.

  • Know that a workers’ comp case is not a lawsuit against one’s employer. It is a claim with the insurance carrier to cover medical and wage loss benefits.

    What is workers compensation?
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    5 Things you must do to file a workers' Comp Claim

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

    You need to prove that your accident took place and that you reported it to the employer within 30 days. If you do not do that, you may prevent yourself from any future workers’ compensation benefits. You can discuss your benefits in detail with your workers’ comp lawyer in New York.

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

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

    Does workers' comp Insurance Provide Job Security?

    Sadly, there is no job protection under workers’ compensation. There would only be job security if firing you would violate the American Disability Act or other laws.

    What Are the Best Workers' Compensation Cases?

    • Schedule Loss of Use cases (SLU): These cases arise from an injury to an extremity or joint while on the job. This would include damages to your shoulder, elbow, hip, knee, wrist, fingers, ankle, or toes. Our workers’ comp lawyers will tell you to maximize your benefits in this type of case.
    • Loss of Wage Earning Capacity (LWEC): These cases result 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. Also, a workers’ comp attorney will be able to help you decide if this scenario fits your injuries.
    • Section 32 (settlement) cases: Your claim must include spinal injuries to lead to a Sec. 32 settlement. A Sec. 32 settlement encompasses an entire case, including your lost wages and medical treatment.

    Why is it Important to Hire workers' comp lawyers in New York?

    • New York workers’ comp Lawyers will secure your benefits. These benefits include weekly lost wages payments if you are out of work. They can also secure your 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. The lawyers are familiar with the system. They can file for hearings or reach out to the insurance carrier right after an injury.
    • The employer and their insurance companies will have attorneys to represent them. Without a lawyer, you stand almost no chance when confronting them at the time of the hearing.

    How much time does it take for a Workers' Comp Case to settle?

    A workers’ comp Lawyer in New York can help you settle your case one year after your last surgery, if you do not need any extra surgeries in the future. If you do not require surgery, then your case can be resolved within six months of the accident. A case can last longer than a year if continuous medical treatment is needed.

    Check Out Our Results with Previous Cases

    Can I sue Workers' Comp Insurance or my Employer for Pain and Suffering

    You can not sue your employer and workers’ comp insurance for pain and suffering. New York State law prohibits you from suing the employer. Instead, the state gives you workers’ compensation benefits paid by your employer’s insurance. 

    Can I File a Workers’ Comp Claim 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. Third-party actions can occur when the injury was caused by a car accident, construction accidents, defective products, or property owner misdoing.

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

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

    Can workers' comp lawyers, in New York, Help me if the Insurance Carrier Denies my Benefits?

    Yes. The insurance carrier often refuses to pay you your protected wages while out of work due to your injury. Our workers’ comp attorneys will make sure the insurance carrier pays you your covered wages starting the day you cannot return to work.

    Can Workers' Comp Insurance Carrier Stop my Payments Without Notice?

    • If a Judge directs the workers’ comp insurance to continue making payments, they must continue to make those payments unless ordered to stop by a judge.
    • Insurance companies may stop payments based on the IME results done by their doctor. It is illegal, though, and easily corrected at the time of the hearing.
    • Our workers’ comp attorneys’ goal is to make sure that your payments will continue.

    What Type of Settlement Can I Get From Workers' Compensation?

    These are the three main types of settlements.

    • S32. – This is a one time payout. Most of the time, it reliefs the workers’ comp insurance carrier from future responsibilities.
    • Schedule Loss of Use (SLU) – This is a one time payout of percentage loss to a specified injured body part. The doctors will determine this percentage. Once you receive this payout, your case is NOT closed. The insurance carrier will pay for your medical treatment.
    • Loss Wage and earning Capacity (LWEC). – This is a percentage that you cannot perform duties in the workforce. This considers your physical disability, language, level of education, and computer skills. This type of settlement is paid in biweekly checks for a determined number of years. To receive these awards, you must be out of work or working at a lower salary than at the time of injury.

    Talk to one of our workers’ comp lawyers in New York today if you want to learn more about the types of settlements.

    If I Change Jobs Or Employers After My Injury, Am I Entitled To Workers’ Comp Benefits?

    Yes, it does not matter if you change employers after your injury. You still have the rights to workers’ comp benefits. After your injury is accepted and established, medical treatment will be covered. If you start a new job and make less money than before the injury, the insurance carrier will pay 2/3 of the difference between what you made weekly and the new weekly salary.

    Check Out Our Results with Previous Cases

    Can You Continue to Collect Workers' Compensation Benefits if you are Fired?

    • You are entitled to collect workers’ comp benefits even if your job lets you go.
    • The insurance carrier will still cover your medical treatment costs.
    • Weekly lost wages payments may change depending on employment and temporary disability status.
    • Our workers’ comp attorney will check the situation as well as guide you in the right direction so you continue to receive your wage benefit.

    Are Workers' Comp Benefits Taxable?

    No. Workers comp benefits are not taxable.

    Will my Immigration Status Affect my Workers' Comp Claim?

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

    Workers comp judge's decision

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

    Yes, your initial wage loss payments can affect your settlement. This occurs when receiving a schedule loss of use award. The insurance carrier can also take credit for all money previously 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.

    We Are a Full-Service Firm - workers' comp lawyers New York

    The Platta Law Firm is a full-service firm. One of the knowledgeable workers’ comp lawyers from our team in New York 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. We always maintain excellent communication between the New York worker’s comp lawyer and client during the process. It is essential to achieving the best result.

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

    The knowledgeable workers' comp lawyers at Platta Law Firm in New York are here to help you:

    The workers’ comp lawyers at The Platta Law Firm understand the New York State workers’ compensation system. We also 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. We handle cases throughout the state of New York.

    If you want to know more about New York workers’ compensation laws and/or if you have a case, please get in touch with us for a free consultation. One of the highly qualified workers’ comp lawyers from our excellent team in New York is here to fight for your rights.

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    Workers Comp Information Center

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    Disclaimer: The information on this website has been written by The Platta Law Firm, and it is intended for informational purposes only. This website contains details on legal issues, but this does not constitute legal advice.
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    Disclaimer: The information on this website has been written by The Platta Law Firm, and it is intended for informational purposes only. This website contains details on legal issues, but this does not constitute legal advice.

    © 2021  The Platta Law Firm. All Rights Reserved.

    © 2021  The Platta Law Firm.
    All Rights Reserved.