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Know your rights for Workers' Compensation
What is New York State Workers’ Compensation?
In New York State, an employee cannot sue their employer when injured on the job, even if the employer was negligent in some way. Instead, an employee may make a claim under the Workers' Compensation law, which requires that an employer must provide Workers' Compensation insurance. The employer must pay for this insurance policy and cannot require employees to contribute to the cost. Once an employee makes a claim under Workers' Compensation, the Workers' Compensation insurance carrier will decide whether they are accepting or contesting the claim. The claim will then proceed through the Workers' Compensation Board, which is the administrative court that oversees the case.
Although an employee cannot sue their employer in New York State when injured on the job, if there is another party that was negligent, the injured worker may have a viable lawsuit. We can also assist you with a Personal Injury case and will be happy to discuss this in greater detail with you. Strict time limitations can affect your claim, so be sure to advise us of these issues as soon as possible.
What kind of compensation will I get if my case is established?
Workers’ Compensation insurance is designed to compensate an injured worker in two ways: (1) payment of medical expenses for injuries caused by the work-related accident or occupational illness or injury, and (2) payment for part of a your lost wages (either due to lost time from work or reduced earnings while back to work light duty) up to a maximum permitted by law. The amount of the payments depends on both your average earnings at the time of the accident and your degree of disability. An additional award for any remaining permanent loss of function of an extremity (hands, arms, feet, legs) may be awarded after active treatment is completed.
Remember, a Workers’ Compensation claim is not a lawsuit; thus, there are no payments for an injured worker’s pain and suffering.
What is the difference between NYS Workers' Compensation and NYS Disability?
A NYS Workers' Compensation case is where an employee is injured on the job. A NYS Disability case is where an employee has an off the job illness of injury. A person cannot receive both Workers’ Compensation payments and NYS Disability payments at the same time.
What qualifies as an on-the-job injury?
Generally speaking, an accident or an occupational injury must arise out of and in the course of employment. This means that the accident, or the occupational injury, must have occurred while on the job and that the cause of the accident was work-related. Since not all cases and circumstances are quite clear, in some cases we need to examine the facts to determine whether the accident or the occupational injury actually occurred while in the course of employment and that it was related to the employment.
What should I do if I get hurt on the job?
The first thing that an injured worker should do is report the injury to a supervisor, either verbally, or in writing, within 30 days of the accident. Failure to notify your employer timely may result in a denial of the claim.
Next, the injured worker should seek medical attention with a doctor of their choice. Medical reports are critical in determining diagnosis, disability, and whether the injuries are a result of the accident or occupational injury. Then, a claim must be filed with the Workers' Compensation Board.
Although an injured worker is not required to obtain an attorney to handle their claim, it is advisable that injured workers consult an attorney any time a serious injury occurs while at work. The process of a Workers’ Compensation case can be long and complicated, and an injured worker who is not represented by an attorney can be at a great disadvantage. The hearings and trials during a case are held at the Workers' Compensation Board before a Workers' Compensation Law Judge and against skilled representatives and attorneys for the insurance companies, who are working to protect their interests. An injured worker who chooses to navigate the process alone without an attorney risks forfeiting some of their rights and benefits.
How can Terry Katz & Associates, P.C. help?
Terry Katz & Associates, P.C. is a law firm exclusively dedicated to handling cases in Workers' Compensation and Social Security Disability. Our attorneys are extremely knowledgeable and well-skilled at tackling the complexities involved in these types of cases, and we work hard on a daily basis to advocate for our clients’ best interests. Terry Katz, founder of Terry Katz & Associates, has been successfully representing injured workers since 1992 while earning a great reputation in the field, among colleagues and clients alike. Our mission is to protect our client’s rights while fighting for the maximum compensation each individual client is entitled to under the law. We provide guidance throughout each step in the process, advice regarding various options along the way, and experienced representation before the Workers' Compensation Board.
How much will it cost?
We do not charge a consultation fee or processing fee for Workers' Compensation cases. Our attorneys’ fee is based on a small percentage of the awards that we obtain for you during our representation. Unlike personal injury cases, where the attorneys’ fee is one-third of the settlement amount, the fee in Workers' Compensation cases is generally 15% and is paid from the award
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