NYC Workers’ Compensation Lawyer

Hiring a New York Workers’ Compensation Attorney

A no-fault system, like workers’ comp, implies getting benefits should be straightforward, right? Not necessarily. Many workers’ compensation claims for benefits are far more time-consuming and complicated than necessary. Insurance companies are for-profit entities that only care about the bottom line. Simply put, they are not on your side and will fight to deny your claim or minimize how much money you receive. Hiring an experienced NYC workers’ comp lawyer to represent you throughout the claims process is wise.

Award-Winning Workers’ Compensation Lawyers

At The Platta Law Firm, we successfully handle even the most complicated workers’ compensation cases. We offer comprehensive support to injured workers, from filing claims and pursuing maximum benefits to lodging appeals. Our ultimate goal is always to secure the compensation our clients deserve.

When you choose our firm, you’re choosing a team of NYC workers’ compensation attorneys with 150 years of combined experience and a track record of recovering all the benefits you deserve. We put our clients first – always. Call our law firm for immediate assistance. We’ll help you get the care you need and determine all available options for financial recovery.

Seven Essential Steps When Filing a Workers’ Compensation Claim

Being proactive after an injury at work helps ensure a successful outcome. Immediately after a work-related accident, you should take the following seven steps.

• Take pictures or a video of the accident area to prove what caused this incident.
• Document everything, including conversations about your injuries.
• Describe the incident in your own words and see if witnesses are willing to do so.
• Seek immediate medical attention. Ensure your doctor fills out Form C-4 and sends it to the NY Workers’ Compensation Board within 48 hours.
• Contact a NYC workers’ compensation lawyer ASAP.
• Report the incident to your employer within 30 days and keep a copy of the paperwork. Your employer should provide you with a Claimant Information Packet with the necessary forms and information. Once your employer knows about your on-the-job injury, they’ll have 10 days to notify their insurance company and the WCB. Within 14 days of receiving notice from your employer, the WCB must send you a written statement concerning your legal rights (Written Notice of Rights).
• Formally file an Employee Claim Form (C-3) with the NYS Workers’ Compensation Board within two years of the incident.

Remember, you need to prove that your accident occurred. Failure to do so may prevent you from receiving workers’ compensation benefits. If you need help determining your benefits, you can speak with a New York workers’ compensation attorney.

Workers’ Compensation Benefits in New York City

Workers’ compensation benefits can serve as a lifeline for injured employees, providing necessary financial support during a difficult time. If you suffer a workplace injury and qualify for workers’ compensation, you can receive compensation for your financial losses.

This means you can receive funds to cover various expenses, such as medical treatments, lost wages, and any other disability or impairments that result from the injury. At The Platta Law Firm, we stand ready to support you through each step, leveraging our experience and commitment to secure the maximum compensation you deserve.

If you’re out of work for more than seven days, you should begin to receive payment for lost time immediately. You should get a benefits check every two weeks until you reach maximum medical improvement (MMI), can return to work at the same capacity, or the compensation recovery period expires. The insurance company must notify the WCB when payments begin. You could receive workers’ comp benefits from some employers for Covid-19. Usually, city departments are more apt to pay, while private employers may refuse.

Calculating Workers’ Compensation Benefits in
New York State

Calculating workers’ compensation benefits in New York State involves several factors, and the process can vary depending on the nature and extent of the work-related injury. Here is a general overview of the key steps involved:

• Determine Average Weekly Wage (AWW): Calculate the average gross earnings of the injured worker over the 52 weeks prior to the date of the accident. Include regular wages, overtime, bonuses, and other forms of compensation. Divide the total by 52 to obtain the AWW.
• Calculate Compensation Rate: The compensation rate is usually two-thirds (66.67%) of the AWW. There are minimum and maximum limits set by the state, so ensure that the calculated rate falls within these boundaries.
• Determine Duration Benefits: The duration of benefits depends on the nature and severity of injury. Different types of injuries have different durations of benefits outlined in the workers’ compensation guidelines.
• Permanent Partial Disability (PPD): If the injury results in a permanent partial disability, the number of weeks for compensation is determined based on the type and severity of the impairment. The compensation rate is then applied to the number of weeks assigned for the specific disability.
• Permanent Total Disability (PTD): In cases of permanent total disability, the injured worker may be entitled to two-thirds of their AWW for the rest of their life.
• Cost of Living Adjustments (COLA): In some cases, cost of living adjustments may be applied to ongoing benefits to account for inflation and changes in the cost of living.

It’s important to note that workers’ compensation laws and regulations can be complex, and individual cases may vary. Consulting with our NYC workers’ compensation lawyers or seeking guidance from the New York State Workers’ Compensation Board can provide more specific and accurate information tailored to your situation.

Types of Workers’ Compensation Benefits

The benefits appear below:

• Medical Benefits: All reasonable and necessary medical expenses are recoverable even if you lose your job. Medical benefits include hospitalization, surgery, medication, medical devices, rehabilitation, and more. Unless you need immediate emergency room services, you must seek care from a pre-approved physician. Each medical report is only valid for 90 days.
• Lost Wages: You can recover compensation for your loss of income if you miss more than seven days of work. Benefits are equal to two-thirds of your average weekly wage before the injury multiplied by your percentage of disability. Lost wages adjust if you are working at a new job.
• Reduced Earning Benefits: If you cannot work at the same job but one that pays lower wages, you can collect reduced earning benefits. They amount to ⅔ the difference between the two wages and your new weekly salary.
• Death Benefits: Surviving family members can receive help when a worker dies because of a job-related injury or illness. Survivor benefits can include money for the loss of financial support (up to ⅔ of the victim’s average weekly wage). Children can collect benefits until they reach 18 or 23 if they attend college. Blind or disabled children will receive benefits for life. A spouse may collect for life unless they remarry, at which time they receive a final payment for two years of benefits.
• Funeral and Burial Costs: In NYC, such benefits are payable up to $12,500 in the New York metropolitan area and $10,500 outside the city.

Workers’ compensation does not cover things like pain and suffering. You’d have to file a civil lawsuit. The Platta Law Firm can help you seek additional damages after your workplace accident.

How Long Does a Workers’ Compensation Case Take to Settle?

It depends on the extent of your injuries. Our attorneys 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 don’t require surgery, then resolution can take within six months of your work-related accident. If continuous medical treatment is necessary, a case can last longer than a year.

When Should I Hire a Workers’ Compensation Lawyer?

Immediately after a work-related injury or diagnosis of an occupational disease, obtain the help of a workers’ compensation lawyer. Engaging a New York workplace injury attorney shows your determination to pursue your claim and recover all benefits you’re entitled to under New York State law.

Early involvement of an attorney often deters insurance companies from resorting to bad faith practices or risking a trial.

The Platta Law Firm’s reputation precedes us; when we represent you, adjusters know we approach every case as potentially court-bound. Consequently, they are more likely to accord our clients the respect they deserve and propose fair benefits. Your attorney will be instrumental in:

• Guiding You Through the Paperwork: Workers’ compensation claims involve substantial paperwork. An attorney can help you correctly fill out and submit all required forms, ensuring no omitted details.
• Negotiating with Insurance Companies: Insurance companies often attempt to minimize the compensation they pay out. A skilled attorney can negotiate on your behalf to secure maximum benefits.
• Advocating for You: If the court denies your claim, an attorney can represent you at workers’ compensation hearings and present your case in the best possible light.
• Advising You on Potential Third-Party Claims: In some cases, parties other than your employer might be liable for your injury. An experienced attorney can identify these opportunities and help you pursue additional compensation.

The Platta Law Firm prides itself on a solid track record of advocating for injured workers. You’ll want an attorney to represent you because this is your opportunity to argue your side of the story, present facts, and have witnesses testify. The judge will hear from you and the insurance company and then decide your claim.

Can I File a Personal Injury Lawsuit and a Workers’ Compensation Claim Simultaneously?

You can’t sue your employer if you file and collect workers’ compensation benefits. Under the  New York Workers’ Compensation Law, your employer has protection against these legal actions. You get help, and your employer is free from the time and expense of lawsuits.

However, just because you can’t file a lawsuit against your employer doesn’t mean you waive your right to sue entirely. You can sue if a third party contributed to your construction accident or other work-related injuries. After your NYC workers’ compensation lawyer investigates the work accident and injury, our attorneys might determine that you have a legitimate case against a:

• Vendor
• Contractor
• Property owner
• Product manufacturer
• Engineer
• Motorist (if you suffered injuries in a truck or car accident on company time)

Filing a lawsuit can help you recover damages above and beyond what workers’ compensation will pay – including money for your pain and suffering. You’ll have up to three years from your accident to file a lawsuit. You’ll have two years to file a wrongful death action if a family member dies in a fatal workplace accident in NYC due to a third party and the family does not collect benefits. If you miss the statute of limitations deadline, you’ll lose the right to seek additional compensation.

Can I Get Workers’ Compensation if I’m at Fault?

Yes. In New York, workers’ compensation is a “no-fault” system. No-fault means workers may receive benefits regardless of who caused the accident or injury. An injured worker can be at fault for their damages and obtain benefits. Fault only affects the benefits received in two situations:

• The damage was solely due to their intoxication
• A person deliberately injures themselves or another with the intent to harm

A workers’ compensation case is not a lawsuit against one’s employer. It is a claim with the insurance carrier to cover medical and wage loss benefits and death. The video below explains the history of workers’ compensation in the United States.

Cost of Hiring a Workers’ Compensation Attorney in New York?

One of the common concerns among injured workers seeking legal representation is the cost involved. It is essential to understand that at The Platta Law Firm, we operate on a contingency fee basis when handling workers’ compensation cases. Contingency means you pay nothing upfront, and we only receive payment if we successfully secure compensation for you.

Our fee is a predetermined percentage of the compensation we help you recover and is set by New York State Law. Therefore, you can trust that our interests align with yours; we receive a fee when you win. This fee structure allows you access to high-quality legal representation without the financial stress of hiring an attorney.

Negligence Claims for Independent Contractors

Independent contractors injured on the job due to negligence may have the right to sue for damages. It just depends on specific factors that led to your injuries. Just because you were brought on as an independent contractor does not mean you can’t file a claim. At The Platta Law firm, our workers’ compensation attorneys will thoroughly review the events that led to your injuries and determine your eligibility.

Can I Appeal a Denied Workers Compensation Benefits Claim?

If a workers’ compensation law judge denies your claim for benefits at a hearing, you can appeal the decision. You must file your appeal within 30 days of the denial. A three-board panel comprised of Workers’ Compensation Board members will review your request. A few things can happen during an appeal. The three-board panel can:

• Modify the decision and change the benefits
• Reject the denial and order a payment of benefits
• Send the dispute back for additional hearings on the matter
• Agree with the judge’s decision to deny your claim for workers’ compensation benefits

If workers’ comp denies your claim or you dispute the result, you can appeal. You can request that the entire Workers’ Compensation Board or the New York State’s Supreme Court, Appellate Division, 3rd Judicial Department review it. Remember that the insurance company can also appeal the decision in a workers’ compensation case. So, even if you win, there’s a chance that the insurer will ask for a second opinion on the matter. If that happens, you’ll want a respected trial attorney ready to fight back.

Can You File a NY Workers’ Compensation Claim and a Lawsuit Simultaneously?

You can file a NY Workers’ Compensation claim and a New York Labor Law case simultaneously. If you suffer workplace injuries due to the negligence of a third party, such as a contractor, subcontractor, or equipment manufacturer.

In that case, you might be able to pursue a personal injury lawsuit under New York Labor Law in addition to your workers’ compensation claim.

Your medical and bi-weekly benefits under workers’ compensation can cover your costs while the lawsuit is in court. If the case settles in your favor, you may have to reimburse part of the money paid out by workers’ comp. The workers’ compensation lien placed against the settlement will end once the case is over.

Filing a lawsuit allows you to seek compensation for damages not covered by workers’ compensation, including pain and suffering, lost future earnings, and loss of enjoyment of life. At The Platta Law Firm, our experienced lawyers are adept at navigating workers’ compensation and labor law claims, ensuring you receive the total compensation you are entitled to.

Securing Max Benefits for Workers’ Comp Clients

The Platta Law Firm is devoted to securing maximum benefits for our injured clients. We have a long history of representing workers from a variety of high-risk industries in the city, including:

• Roofers
• Electricians
• Steelworkers
• Warehouse employees
• Construction workers
• Commercial truck drivers
• Manufacturing employees
• Ironworkers
• Dockworkers
• Aircraft pilots
• Delivery drivers
• Healthcare workers
• Maritime workers

If you’re a public servant in New York City, such as a sanitation worker, police officer, or firefighter, you might not be eligible for workers’ compensation. However, numerous alternatives for financial recovery exist, including job-specific programs like 207-C benefits for police officers injured while on duty. Additionally, you may be able to file a personal injury lawsuit against the city, the state, or a negligent third party. We provide services to all injured workers in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, and surrounding areas.

Can I Lose My Job Because of a Disability?

The law prevents employers from terminating you due to a disability. You might be eligible for protections under the American Disability Act or other employee protection laws. As for the most lucrative workers’ compensation cases, the top three resulting in substantial payouts for injured workers typically involve:

• Schedule Loss of Use (SLU): Such cases arise from an injury to an extremity or joint while on the job. This would include damage to your shoulder, elbow, hip, knee, wrist, fingers, ankle, or toes. In this case, our workers’ comp lawyers will tell you to maximize your benefits.
• Loss of Wage Earning Capacity (LWEC): Loss of wage earning capacity cases result from injury to your systemic areas such as the head, back, or neck. You must be out of work due to your injury. A workers’ comp attorney can help you decide if this scenario fits your injuries.
• Section 32 (Settlement): These cases involve a one-time lump sum payout for your medical treatment and lost wages. Most of the time, it relieves the workers’ comp insurance carrier from future responsibilities.

The Importance of a Workers’ Compensation ‘Independent’ Medical Examination (IME)

New York City Workers’ Compensation Independent Medical Examination (IME) plays a crucial role in the assessment of workplace-related injuries. Conducted by a neutral and independent medical professional, the IME aims to provide an unbiased evaluation of an employee’s health status and the extent of their work-related condition. This examination is a key component of the workers’ compensation process in NYC, offering valuable insights to both employers and insurance providers. Here are five key reasons why the IME is conducted:

• Verification of Injury: The IME helps verify the legitimacy of a claimed workplace injury or illness, ensuring that the reported condition is indeed related to the individual’s job duties.
• Determining Causation: It is used to assess the causal relationship between the reported health issue and the individual’s work environment, establishing whether the injury resulted from occupational factors.
• Evaluation of Medical Treatment: The IME assists in evaluating the appropriateness and effectiveness of the medical treatment received by the employee.
• Assessment of Disability: This examination is crucial in determining the extent of disability resulting from the work-related condition. This helps to establish the level of compensation and benefits the injured worker may be entitled to.
• Facilitating Dispute Resolution: In cases where there is a disagreement between the injured worker, employer, and insurance provider regarding the nature or severity of the injury, the IME provides an objective assessment to help resolve disputes.

What are Common Mistakes That Can Destroy My Workers’ Compensation Claim?

Make the most of your case by being honest, documenting what happened, and enlisting the help of an experienced workers’ compensation lawyer in NYC immediately after you get hurt. Here are a few mistakes that can hurt your ability to recover benefits:

• 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.
• Lying to your doctors or NYC workers’ compensation attorney.
• Not reporting prior injuries that involved the same body parts as claimed in the current claim.

NEW YORK WORKERS’ COMPENSATION FAQ

Schedule a Free Consultation With a Workers’ Compensation Lawyer

Contact The Platta Law Firm if you have recently been hurt or been diagnosed with a work-related illness in New York City. Our New York workers’ compensation lawyers can help you file a successful claim for benefits. We have over a century of experience and have won our clients hundreds of millions. Put yourself in the best position to win your case. Get our law firm in your corner. Call (212) 514-5100 for a free consultation now. Our team is standing by 24 hours a day to help.