If you’ve been injured at work in a workplace accident in Nassau County, New York, you may be entitled to workers' compensation benefits. However, filing a claim can be a complex and frustrating process.
An experienced Nassau County workers' compensation lawyer at Terry Katz & Associates can help you navigate the claims process and help you get the benefits you deserve.
Your attorney will work with you to gather all necessary documentation, including medical records and proof of income. They will also help you file your claim promptly and represent you in any appeals. In addition, your lawyer can negotiate with insurance companies on your behalf and represent you in court if necessary.
Hiring a Nassau county workers' compensation lawyer is a smart move that ensures you receive the full benefits you are entitled to after your workplace injury.
With over two decades of experience, our workers’ comp law office has secured workers’ comp for more than 25,000 individuals that have suffered workplace injuries. Contact us today to discuss your workers’ compensation case and legal rights.
Get the workers’ compensation benefits you deserve
Workers’ compensation benefits were designed to provide compensation to injured workers (or surviving loved ones) for medical care and lost wages. A workplace injury lawyer in Nassau County can help you recover compensation for medical care, lost wages, and other damages related to your workplace injury.
Medical care to treat the workplace injury
Even if you have health insurance, copays add up, and insurance doesn’t pay all your expenses. These medical bills are especially burdensome when you don’t have wages coming in.
Workers’ compensation covers your medical care provided by an authorized Workers’ Compensation Board (WCB) provider. Covered treatment includes:
Medically necessary drugs
Seek medical attention immediately in emergencies. Otherwise, report your injury to your employer immediately and ask where you should go to receive medical care. You do not need to seek an authorized treatment provider if you require emergency care.
Cash benefits for lost wages
You can receive lost wage benefits if you are out of work for more than seven days or your injury reduces your earnings. The latter condition applies if you must take other lower-paying work or your doctor decreases your hours.
The WCB determines cash benefits using this formula:
weekly benefit = ⅔ x (average weekly wage) x (percentage of disability based on medical evidence)
There are four degrees of disability assigned by the WCB. They include:
Total (100 percent)
Marked (75 percent)
Moderate (50 percent)
Mild (25 percent)
Your disability degree arises from medical review. Once ascertained, the WCB calculates your cash benefit.
You only receive the cash benefits for as long as you are disabled. Here is the example from the WCB: An injured worker earning $500 per week and facing 100 percent disability receives $333.33 per week. If the same worker faces 50 percent disability, that benefit decreases to $166.68 per week.
Your minimum weekly benefit is $150 per week for accidents occurring after May 1, 2013. The WCB also sets a maximum benefit amount, which adjusts every year on July 1.
Survivor benefits are for those who lost loved ones in a workplace injury or illness. You can receive them if you are a surviving spouse or dependent.
Survivors may receive a cash benefit equal to two-thirds of the deceased worker’s average weekly wage. The WCB calculates this based on the last 52 weeks before the accident. This cash benefit is in addition to funeral and memorial expenses.
How our Nassau County workers' compensation lawyers can help
Workers’ compensation claims become complex, and the WCB has strict standards for considering claims. You will find it easier to focus on recovery if an attorney handles claim paperwork and deadlines. Even in ideal circumstances, you can not apply the same full-time attention to a workers’ compensation as an attorney can.
There are also circumstances when a Nassau County workplace injury lawyer attorney is necessary. These include:
The insurer denies your claim: Denials happen for many reasons. An adjuster may decide your injury didn’t happen at work or you didn’t file timely. Your only option in this situation is to appeal to the WCB. While this experience may feel intimidating to you, a skilled workers’ compensation lawyer will take this task with confidence.
The insurer underestimates your disability: You have a fight ahead of you if your doctor rates your disability at 100 percent, but your insurer’s doctor insists it is 25 percent. An attorney is more likely to make a compelling argument that supports your doctor’s disability rating for you.
You have a preexisting condition: The insurance company will put up a fight if you injured the same body part that you hurt previously. They will argue that the previous accident caused your injury--not the workplace incident. Also, if your injury developed over time, the insurance company will dispute your claim and place blame on anything but your workplace.
Claim delays: Claim delays happen most often with expensive treatment. Insurance companies often deny these treatments, and if you need them, the process becomes painful and exhausting quickly. An attorney can pressure insurance companies to approve your required medical care.
You face total disability: Most appeals involve cash benefits and disputes regarding your disability. NY workers’ compensation lawyers handle these appeals frequently and know how to present your disability in the most convincing light. It can be an uphill battle if you endure this ordeal alone.
You plan to file for social security disability benefits: Many workers’ compensation attorneys also include social security disability benefit representation in their practice areas. Your attorney can navigate this process alongside your workers’ compensation claim. Also, social security benefits offset workers’ compensation payments. A lawyer may structure your settlement to minimize this offset as much as possible.
The insurer lowballs your settlement: Insurance companies may offer to settle your claim for less than your medical expenses and cash payments. Do not fall for this scheme! A lawyer pushes against this attempt.
Your employer retaliates against you: Employers cannot hold workers’ compensation claims against employees. You may have a retaliation claim if your employer terminates you, cuts your hours, or pressures you to return to work before you recover. That claim is also best handled by a lawyer.
There is no reason to face these challenges alone when you already have an injury and financial worries to handle. An attorney from Terry Katz & Associates can guide you through every step and do everything possible to maximize your settlement.
Filing a workers' compensation claim in Nassau County, NY
Our attorneys start your workers’ compensation after an initial consultation. This free consultation allows us to learn about your injury and how it affects your life. We also get information on your medical providers, so we can collect records and prepare your case.
However, before we start fighting on your behalf, you must be eligible for a New York workers’ compensation claim. Generally, you must:
Sustain the injury while on the job
The injury must arise from an accident--not something that was your fault
The injury must occur while you performed duties for your employer, e.g., you were “on the clock.”
Generally, workers’ compensation insurance covers you as long as your employer carries coverage. But it is not uncommon to meet all three of these requirements but receive a denial anyway. Contact our firm immediately if that occurs.
An overview of the workers’ compensation claim process
Before you start the workers’ compensation claim process, receive medical treatment. Report the injury to your employer, who will refer you to a treatment provider authorized by the WCB. Do not pay any treatment provider or hospital directly. Keep receipts for mileage and other expenses. You may receive reimbursement.
If your injury arose from an injury, you can seek treatment at an emergency room. You do not need to see a WCB-authorized medical provider.
Once you secure treatment, it is time for paperwork. Your workers’ compensation attorney will file documents, starting with a C-3 form. The WCB must receive the C-3 form within 30 days of your injury. We file it as soon as possible, so your claim starts quickly.
Your employer must notify their insurer of your claim within ten days. We will notify the insurer that we represent you, so all their forms and requests go through our office. Your attorney will keep you in the loop and help you make decisions.
You should receive payments within 18 days of your injury or illness notification. If not, your attorney must file a notice of controversy with the WCB.
During this process, you can expect to give depositions, undergo independent medical examinations, and perhaps, appear in court for your workers’ compensation hearing. Your case may conclude sooner if the insurance offers a reasonable settlement.
Common questions about workers' comp in Nassau County
What percentage do workers comp lawyers get in Nassau County?
In New York State, a workers' compensation law judge sets out the attorney fees for each claim. These fees are generally around 10 to 15 percent of the award's value.
At Terry Katz & Associates, we work for our clients on a contingency fee basis, which means any fees and other case-related expenses are only due if we win your case for you. We do not charge an hourly fee. You will only see a bill from our law firm when you receive a successful workers' comp judgment or settlement.
How long does a workers comp settlement take in NY?
On average, many workers' comp claims resolve within 16 months.
Workers' compensation claims can take a few weeks, or they can take years, depending on the circumstances of your case. Your injuries, recovery time, and appeals affect your claim payment time.
After the Workers' Compensation Board decision, an employer's insurance company or third-party administrator will need to make Section 32 settlement payments within 10 days. To learn more, read "What are section 32 settlements?"
Can you sue your employer in NY for negligence?
In New York, the Workers Compensation Act protects workers' compensation if a worker is injured in a workplace accident or other accident. With this law in place, you may not be entitled to sue for negligent acts of your employer in a personal injury case.
However, the are exceptions in some cases. To learn more, read "Injured at work, can I sue." Fortunately, if your case requires a personal injury lawyer (or workplace injury lawyer) to file a workplace accident lawsuit in Nassau County, our firm can handle that claim too.
Get a free consultation with a Nassau County workers’ comp attorney nearby
If you've been hurt on the job, contact a Nassau County workers' comp attorney at Terry Katz & Associates. We can help you understand your legal rights and eligibility for workers' comp and disability benefits. Our attorneys are there for you throughout the claims process.
We offer skilled and experienced workers' compensation injury lawyer services to injured workers who have been suffered a work-related injury, illness, or disability and take pride in being a law firm for the working class.
If you or a loved one have been hurt at work, contact the NY workers’ compensation lawyers at Terry Katz & Associates to protect your rights and receive legal advice.
Our workers' comp lawyers serve clients throughout New York City, including the Bronx, Brooklyn, Queens, Manhattan, Staten Island, Long Island, Nassau County, and Suffolk County.
Call (888) 488-7459 today or contact us online for a free injury attorney consultation.