A Comprehensive Guide For New Yorkers Hurt On The Job
If you have been hurt on the job, you will more than likely have many questions that you need to have answered. After an accident occurs, you will go through a wide range of emotions. Your injury can range from very mild to severe and life-altering. The first few hours and days after an injury will be the most trying as you try to figure out what you need to do next. During this time, you will have to seek medical attention, figure out a way to pay your bills until you return to work, and basically create a plan of action to get you through this difficult time. A work-related accident that causes long term recovery may require that you seek the services New York Workers’ Compensation attorney Terry Katz & Associates who has 30 years of experience with these types of injuries.
Terry Katz & Associates Attorneys at Law, specialize in helping workers who have been hurt on the job. They understand how difficult it can be to get back on track after an injury so they offer a free consultation to help you get the process started. Call 888-488-7459 to talk to one of the staff members and schedule your first appointment. Don’t wait to call!
“There are deadlines that must be met if you have received a job-related injury and want to be able to file a Workers’ Compensation claim form. In the state of New York, over $500 million was paid in Workers’ Compensation claims over the last year according to the United States Department of Labor.”Terry Katz, New York Workers’ Compensation Layer, Terry Katz & Associates
Hurt On the Job: Once An Injury Occurs
Once an injury occurs, the clock starts ticking. The statute of limitations places two years as the amount of time you have to file a claim and open a Workers’ Compensation case.
Immediately after an accident, there are steps you have to take to protect yourself. They include:
- Get the medical attention you need. If it is an emergency, go immediately to the emergency room or other urgent health care provider. If you have time to schedule an appointment make sure to visit a physician that has been approved by the Workers’ Compensation Board.
- Notify your employer in writing as soon as you can. Let them know what happened so they can prevent others from being injured. You must notify your employer of your injury within 30 days of the accident.
- Fill out a Form C-3 to file a Workers’ Compensation claim and then send it to your local Workers’ Compensation Board. This must be completed within two years from the exact date you received the injury. Call Terry Katz & Associates at 888-488-7459 to represent you, they will help you when in all aspects of your case.
An Overview of NYC Workers’ Compensation
Workers’ Compensation is a form of insurance paid for by a company to protect against financial loss if an employee is hurt on the job. The policy provides monetary compensation to cover both lost wages and medical care. The policy covers accidents and injuries, as well as illnesses that may be caused by exposure to a chemical or other substance while on the job. In New York, the Workers’ Compensation Board reviews these cases and processes the claims that are filed.
Employees are entitled to these benefits no matter who is at fault. Whether they caused the accident or the fault is that of the employer, it doesn’t matter. The amount of compensation is not determined or affected by how much of a role they played in causing the accident.
Even though fault is not considered when determining the outcome of a Workers’ Compensation claim, an employer may choose to dispute it. This normally occurs if the employer has any suspicion that the employee’s injury did not occur while on the job or is not related to their job. The insurance provider may also choose to dispute all or part of the claim. Any type of dispute will delay the processing of the employees’ claims. If this occurs, the employees may be able to apply for disability.
*2/3x average weekly wage x % of disability = weekly benefit (formula for calculating WC benefits) The date of the accident may also cap how much is received.
Who Is Eligible for NY Workers’ Compensation Benefits?
The second and third sections of the Workers’ Compensation Law in New York state that most employers within the state are required to provide Workers’ Compensation insurance for their workers. Eligible workers can be hired by both for-profit and non-profit organizations and companies, as long as they receive the compensation they deserve.
The following groups of employees are listed on the Workers’ Compensation Boards’ website and are covered by the laws governing Workers’ Compensation. They include:
- WCL§ 3 Groups 1-14-a: This states that all types of employment in a for-profit entity are covered under the law. This includes full-time employees, part-time employees, borrowed/leased employees, volunteers, and family members.
- WCL § 3 Groups 15, 15-a and 17: This includes any employees who work municipalities and counties that are required to work in an environment that is determined to be “hazardous” or dangerous.
- WCL § 3 Groups 20, 20-a and 22: This group includes educators in the public school system, but does not include those that are employed by New York City. Public school aides are also excluded (this includes those in New York City)
- WCL § 3 Group 16: This includes New York state employees and many of the volunteers that work for the state.
- WCL § 3 Group 12: This includes domestic workers of all kinds that work 40 + hours each work for a single employer. Maids in residence, baby sitters, companions, health aides, etc. are all included.
- WCL § 3 Group 14-b: This includes farm laborers who were paid a least $1,200 or more for work they performed during the previous year.
- WCL § 3 Groups 1-14-a and 18: This includes any type of employee that has not been explicitly excluded from coverage by the Workers’ Compensation Laws of the state of New York.
- WCL § 54 : This section covers every corporate officer if there are two or more officers or two or more stockholders within the corporation itself.
- WCL § 54 : Officers within a corporation that two or fewer if the company has other employees. In this situation, the officers may choose to not be covered.
- WCL § 3 Group 18: This includes most employees that work for nonprofit organizations.
Basics of the New York Workers’ Compensation Claim Process
In addition to the three steps that must be taken right after a person has been hurt on the job (medical care, written letter of notification to their employer, and filing a claim), there are a few other things that need to be completed.
These time-sensitive steps can’t be overlooked if you want your claim to be approved.
- 48 hours -Within 48 hours of being hurt on the job, your doctor must complete and mail what is known as a Preliminary Medical Report. This is done on Form C-4 (Doctor’s Initial Report) with the original copy being delivered to the closest Workers’ Compensation Board District Office. Copies should also be forwarded to the worker’s employer, their insurance company, the employee and their rep if one has been provided for them.
- 10 days – Within 10 days, it is up to the employer to file a report of the injury with their insurance company as well as the Workers’ Compensation Board.
- 14 days – The employer’s insurance company that is responsible for the Workers’ Compensation policy must provide a written Statement of Rights to the injured employee. This is mandatory under the law.
- 18 days – Within 18 days of having received the Employer’s Report of Work-Related Injury/Illness, the company must start to make benefit payments to the injured employee. No payments will be made if the employee returns to work within seven days of the accident or the claim is being disputed. Once payments begin, they will be made every two weeks. Every 45 days, the employee’s doctor is required to submit a report detailing their progress.
Lawsuit or Workers’ Compensation: Can You Do Both?
In most cases when an employee is hurt on the job, they receive at least some of their Workers’ Compensation benefits. There are cases, however, when the employee has the right to file a claim against a third-party, aside from their employer. Third-party claims are filed when the injury may not have been the employer’s sole responsibility.
Third-party cases are often filed while an employee is working in the construction field. This includes when an employee is injured during the demolition or renovation of a property, as well as other construction-related activities. New York has special labor laws that allow for third-party lawsuits. Sections 200, 240(1), and 241(6) provide specific protections to employees who work within the construction industry. If you work in construction and have been hurt on the job, you need to hire an attorney who understands these laws and is well-versed in how to handle third-party claims.
Our reputable Workers’ Compensation attorneys understand every aspect of New York’s laws. Being hurt on the job can be a traumatic experience. It doesn’t matter how the accident happened. It can be a car accident, a hazardous condition in the workplace, defective tools, or any type of construction accident. The fact remains that your injury will have a negative impact on your life, mentally, physically, and emotionally, for as long as you are out of work. Contacting an attorney who is well-versed in New York’s laws, especially those that involve construction accidents, will ensure that you get everything you deserve.
Hearings and Court Proceedings: A Full-Service Legal Team Is a Must
While some Workers’ Compensation claims are paid without hesitation, others may be submitted by the Workers’ Compensation Board to a Workers’ Compensation Law Judge for review. It will then be up to the judge to review the claim and determine whether or not is valid. Some hearings require parties to testify. This can mean appearing as a witness or sitting for a deposition. Various types of proof may also be required. This includes photographs, diagrams, or any other piece of evidence the judge deems necessary. Anything that occurs within the hearing will have a direct impact on the employee’s third-party lawsuit if one has been filed.
Our attorneys will be able to handle both the Workers’ Compensation hearing as well as the third-party lawsuit. This provides the injured employee with consistent and reliable representation to ensure that both parts of their case are handled correctly. Both cases must be carefully planned so using proven strategies. With our attorneys handling both cases, things will go much more smoothly and everyone will stay on the same page.
Going Back to Work After Receiving Workers’ Compensation Benefits
When the injury has healed and the employee has completed the recovery process, the doctor will provide them with a letter stating that they have been cleared to return to work. The employee or their representative must then inform both the insurance provider and the Workers’ Compensation Board that they are able to return to work. There are instances when the employee is able to return to work but they can no longer perform the same duties. If they are moved to a lesser paying position due to this, they can file a Workers’ Compensation claim that would allow them to receive the difference in pay that was lost due to their injury. This “reduced earnings” benefit is designed to cover additional financial losses that have occurred as a result of the original accident.
The Right Legal Team Will Protect Your Legal Rights
There are many instances when an injured worker may never be able to return to work due to permanent disability. In some cases, the employee is killed on the job or has died from their injuries. These cases are extremely sensitive and must be handled with great care. Employees who have been hurt on the job face many uncertainties. They may lose their home or not be able to properly care for their families. They may lose the only career they have ever known. It is these specific types of challenges that cause employees to lose hope. It is important to remember that having the right attorney is the best way to get your life back on track. According to the Social Security Administration, almost $1.30 out of every $100 of earned wages was spent on medical care associated with Workers’ Compensation claims across the country in 2015.
At Terry Katz & Associates, the attorneys are dedicated to helping their clients receive what they deserve in terms of compensation and medical care. They are able to effectively handle every step of the case and are at all times, trial-ready and committed to pursuing justice. Call 888-488-7459 and speak to one of their attorneys today. The answers you need are only a phone call away.