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Getting injured in a work accident can be stressful and upsetting. You might wonder how to manage your future life and pay for healthcare costs and income loss. Fortunately, most injured workers in New York qualify for workers’ compensation benefits, including partial wage replacement and medical treatment.
Unfortunately, not all workers’ compensation claims are approved right away, and getting what you deserve could become an uphill struggle. Workers’ compensation insurance companies and your employer may try to reduce or even reject your claim. You need a workers’ compensation lawyer to properly advise you and fight for the benefits you’re entitled to.
Panzer Law, P.A. knows the difficulties injured workers face. Our New York workers’ compensation lawyers could help you recover what you need to get your life back on track after a serious work injury. Get started now and contact us for a free, no-obligation consultation.
Most New York State employers must pay into workers’ compensation insurance, which covers employees hurt at work. However, claimants have to follow the claims process to qualify. Knowing your best next steps after a work injury can be critical for receiving the benefits you need and deserve.
Notify your employer or supervisor as soon as possible when you get hurt or experience a work-related health condition. Your employer should then begin the process of filing a workers’ compensation claim with their insurance company.
Seeking timely medical assistance is essential for your health and workers’ compensation claim. We can assist you in trying to locate a qualified physician to help you. The choice of physician can have a significant impact on your case.
If you are significantly injured or disabled at work, getting a lawyer on your side can be a vital step for protecting your rights. Panzer Law, P.A.’s New York workers’ compensation lawyers could assist you with your workers’ compensation claim and help guide you through the process.
Injured workers in New York could qualify for various benefits, including:
If you are injured at work or suffer a work-related condition, your employer’s workers’ compensation insurance should cover any additional necessary medical expenses. Depending on the nature of your injury, you could qualify for:
Under the workers’ compensation program, injured New York workers could receive partial wage replacement benefits, provided they are totally or partially disabled and have work restrictions for more than seven days. The amount you receive could be determined by various factors, including your previous average weekly wage and the severity of your injuries.
An injured worker who is totally disabled could be entitled to up to 2/3 of their average weekly wage, up to a maximum amount which is set each year by the state.
The family of a New York worker who died from a work-related injury or illness could receive death benefits, such as funeral expenses and partial weekly wage-replacement payments. If the worker doesn’t have a spouse or minor children/other dependents as defined by law who are entitled to compensation, their parents or estate may be entitled to a payment of $50,000.
Since the benefits you and your family could receive can vary depending on your circumstances, consider speaking to a New York workers’ compensation lawyer to clarify your rights.
Workers’ compensation claims should be easy. After all, you spend much of your time and energy at work and are, by law, usually entitled to receive help when you get injured. However, in reality, claims can be complex and lengthy, particularly if your injuries are life-changing, the insurance company refuses to cooperate, or your claim is denied.
We understand how stressful it can feel to be out of work, in pain, and wondering how to make ends meet. A workers’ compensation lawyer at Panzer Law, P.A. will try to be here for you and assist you with obtaining benefits. We can handle your workers’ compensation claim process from beginning to end, including:
With a committed New York workers’ compensation lawyer on your side, you can concentrate on your well-being while your lawyer will focus on trying to recover the payments you deserve.
Getting what you deserve can be challenging if you suffer a significant injury or debilitating condition at work. Hiring a New York workers’ compensation lawyer can be crucial in the following circumstances and others:
Injured workers deserve fair treatment and dignity. A workers’ compensation lawyer at Panzer Law, P.A. can be your advocate and will try to help you receive the workers’ compensation benefits you need to avert financial hardship and put your life back together.
Workers’ compensation benefits typically end when a doctor declares you fit for work or when you have reached maximum medical improvement (MMI). However, if you are totally disabled due to your work injury, you could receive payments indefinitely. Additional disability benefits exist in many other circumstances, such when injuries are to a limb, which usually entitles injured workers to additional payments.
Determining a timeframe for benefits can be challenging, and you should seek the help of a New York workers’ compensation lawyer to clarify your rights.
In New York, workers’ compensation typically won’t pay benefits for injuries outside of employment or those caused by employee misconduct. Here are some examples of injuries that usually aren’t covered by workers’ compensation:
Moreover, injuries involving psychological or stress-related issues may be more challenging to qualify for.
Claim denial is not unusual, and you could still recover the benefits you need. Sometimes, an insurance company wants to deny your claim and may argue that your injury occurred outside of work. In other cases, workers lack the proper medical documentation required or miss a vital filing deadline.
When you receive a denial notice or you are not receiving your workers’ compensation benefits, your best next step is to contact a New York workers’ compensation lawyer who can try to help you navigate the process and fight hard for what you deserve.
Your best course of action after getting hurt at work is to file a workers’ compensation claim. Employees covered by workers’ compensation insurance typically can’t sue their employers for damages even if the employer acted negligently. However, there can be exceptions, and workers’ compensation may not be the only way to recover compensation. For example, you may be able to sue an employer who caused your injury deliberately or didn’t carry workers’ compensation insurance.
Depending on the circumstances of your work accident, you could also have a claim against third parties who negligently caused your injury, such as:
Filing a lawsuit could allow you to recover so-called “non-economic damages,” which workers’ compensation doesn’t cover, such as:
Since it is not always clear whether you can file a lawsuit in addition to filing a workers’ compensation case when injured at work, consult a New York workers’ compensation lawyer to understand your options fully. A lawyer can assess your specific situation, provide guidance, and identify any potential additional avenues for recovering compensation.
New York, workers’ compensation laws allow you to choose your own doctor for any non-emergency medical treatment. However, you may have to follow certain procedures and inform your employer before getting treatment.
Your chosen doctor must be authorized by the Workers’ Compensation Board. Authorized healthcare providers undergo specific training to ensure they know how to treat work injuries and understand how the workers’ compensation system works. Moreover, promptly communicate your choice of doctor to your employer and the workers’ compensation insurer. Failing to do so could complicate the processing of your claim and payment of your medical bills.
Selecting a doctor you feel comfortable with and trust can be critical for your recovery. In addition, a medical provider experienced in handling workers’ compensation cases can play a crucial role in documenting your work-related injury. Since their medical reports influence the outcome of your case, choose a qualified and experienced doctor who can provide proper diagnosis, treatment, and documentation that helps you recover the benefits you deserve.
Hiring a workers’ compensation lawyer in New York generally doesn’t require upfront fees or out-of-pocket expenses for injured workers. Most lawyers specializing in workers’ compensation claims typically work on a contingency fee basis. This means they only get paid if they successfully secure benefits for you. This fee is generally deducted from the benefits awarded.
Moreover, the New York Workers’ Compensation Board will ultimately decide the fees you pay to your lawyer, depending on:
It is vital to note that hiring an experienced workers’ compensation lawyer can significantly improve your chances of receiving the benefits you need and deserve. They will know how to navigate the complex legal process and represent your interests in hearings or appeals.
The length of your New York workers’ compensation claim can vary widely and depends on various factors, including the severity of your injury and the complexity of your case.
The process can be quick in a relatively simple workers’ compensation case with clear medical evidence and no disputes. You may start receiving benefits within a few short weeks. That said, a claim can take much longer when an insurance carrier disputes your work accident or injuries. In some instances, it may take several months or longer before the parties reach a final decision.
However, you can also take some steps that could help speed up the workers’ comp process, such as:
A workers’ compensation lawyer can try to navigate any challenges that may arise during the process of obtaining your benefits and aim for a timely resolution of your claim.
Don’t let a work injury derail your life and finances. When seriously hurt on the job, you deserve adequate medical care and income replacement payments, allowing you to heal and provide for yourself and your loved ones.
However, while injured New York workers are generally entitled to workers’ compensation payments, not all claims are straightforward, and many are denied. You may need the help of a skilled New York workers’ compensation lawyer to try to receive the benefits you and your family deserve.
At Panzer Law, P.A., we are ready to fight hard for what injured workers deserve. Contact us now to learn about your legal rights in a free case review.
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Workers’ compensation is a system that provides benefits to employees who are injured or become ill while performing their job duties. Almost all employers in New York are required to provide workers’ compensation coverage, and most employees are eligible for it.
You should notify your employer as soon as possible after the injury occurs. Your employer will then provide you with the necessary forms to report the injury to the Workers’ Compensation Board and their insurance carrier.
Yes. In New York, you may choose your own medical provider as long as they are authorized by the NYS Workers’ Compensation Board to treat injured workers. If you are unsure whether a particular provider is permitted to treat you under Workers’ Compensation, you can simply call their office and ask, or use the following search tool provided by the WCB: https://www.wcb.ny.gov/HealthCareProviderSearch/?submitHome=Search+for+Health+Care+Provider+or+IME
Generally, you should report the injury to your employer within 30 days. However, you have up to two years to file a claim with the Workers’ Compensation Board.
If your claim is denied, you have the right to appear before a Workers’ Compensation Law Judge (WCLJ) who will then adjudicate the compensability of your claim. It is strongly recommended that you retain an attorney to assist you with this process.
Yes. Workers’ compensation in New York is a no-fault system. You can generally receive benefits regardless of who was at fault for the injury.
Your wage replacement benefits are up to two-thirds of your gross average weekly wage, subject to statutory maximum and minimum limits.
If you return to work after an accident, you should notify the insurance carrier and your attorney immediately. If you are no longer able to work full duty, or make your full wages due to the work-related injuries/disability, you may be eligible for reduced earnings. Reduced earnings are wage replacement benefits that help make up the difference between your pre-injury/disability earnings and your post-injury/disability earnings.
If your benefits are terminated or reduced prematurely, you can dispute the decision and seek reinstatement or an increase. You should consult with your attorney about the process for contesting a suspension or reduction in benefits.
Some injuries due to intoxication, self-infliction, or actions violating company policies may not be covered.
Yes, you can settle your claim with the insurance company through a Section 32 agreement, but it’s crucial to consult an attorney to ensure it’s in your best interest.
Workers’ compensation is a no-fault system that provides benefits without proving fault, while a personal injury lawsuit requires establishing negligence. If your accident involves the negligence of a third party while working, you may be able to file both a workers’ compensation claim and a personal injury lawsuit. You should consult with your attorney if you think a third party may be responsible for your injuries.
Yes, you can apply for both workers’ compensation and Social Security Disability benefits, but there is an offset. Injured workers’ who receive wage replacement benefits through workers’ compensation and social security disability can only receive up to 80% of their “average current earnings” as determined by the Social Security Administration.
The timeline varies, but benefits should begin shortly after your claim is approved, often within a few weeks.
Yes, you have the right to appeal decisions regarding your workers’ compensation claim. You should seek legal representation to navigate the appeals process effectively.
In such cases, the Workers’ Compensation Board may provide benefits through the Uninsured Employers’ Fund.
Yes, if your job aggravated a pre-existing condition, you may be eligible for workers’ compensation benefits.
Injuries that occur while you are performing job-related tasks, even if not at your workplace, may be eligible for workers’ compensation benefits.
You may be able to file a third-party lawsuit in addition to a workers’ compensation claim to seek additional compensation.
You may be required to use a pharmacy that is approved by the insurance carrier in your workers’ compensation claim. If the insurance carrier in your workers compensation claim has such a requirement, they must notify you in writing at the outset of your claim.
In certain circumstances, stress-related injuries or mental health conditions caused by work-related factors may be eligible for benefits.
You may be entitled to vocational rehabilitation services or benefits if you cannot return to your previous job.
The frequency of medical examinations varies, but they are typically required as part of the claims process.
No, it is illegal for your employer to retaliate against you for filing a workers’ compensation claim.
Yes, you have the right to choose your own attorney to represent you in your workers’ compensation case.
You can seek a second opinion from a different doctor as long as they are authorized by the WCB to treat injured workers.
In some cases, injuries related to alcohol or drug use may lead to a denial of benefits, but it depends on the specific circumstances.
Workers’ compensation benefits are not considered taxable income for federal or state income tax purposes.
All workers’ compensation attorneys in New York work on a contingency fee basis, and the amount they are permitted to charge is fixed by the Board. An attorney is not permitted to charge you a retainer fee for their services, or charge a fee that is not approved by the WCB.
