Whatever the industry, workplace injuries are common across the state of New York. In fact, according to the Bureau of Labor Statistics, there were over 139,000 nonfatal workplace injuries and illnesses reported among New York’s private industry employers in 2016.
New York law requires most employers to carry workers’ compensation insurance, which means if you were injured while working in Suffolk County, you should be able to get help for your injuries and lost wages. Workplace accidents, injuries, and work-related illnesses can strike suddenly and put you in a very difficult position. You deserve the help that workers’ comp insurance offers, including help paying your medical bills and help to cover a portion of your lost wages.
If you have been injured at work and need more information about workers’ compensation in Suffolk County, please give us a call. Our workers’ compensation lawyers are knowledgeable and passionate about helping people in your position. We can answer your questions and make it clear what your options are. And if your workers’ compensation claim has been denied, we can help you appeal it.
There are a few basic rules that dictate how New York workers’ compensation operates, including:
The employee must be injured while on the job
The on-the-job injury must be the result of an accident (not something that was the fault of the employee)
The workplace injury needs to occur while the employee is performing the duties of their position
With few exceptions, most employees in New York are covered by workers’ compensation insurance as long as their employer is carrying coverage. That coverage should be available to the employee as long as the employee’s injury meets the above three criteria. In reality, though, there are numerous employees that are denied the benefits they deserve – which is where our workers’ compensation law firm comes in.
If you should be getting benefits but have been denied for whatever reason, we want to hear about it. Once we understand your situation, we can determine if filing a workers’ compensation case is in your best interest.
Suffolk County Workers – Understanding Long Island Workers’ Compensation
Workers’ compensation in New York includes:
Medical Care to Treat the Workplace Injury
When you are hurt performing your job, your employers’ workers’ comp insurance will pay for you to get treatment for the injury – including any immediate treatment and subsequent treatments to return you to good health. If the injury is an emergency, you can and should seek emergency medical treatment immediately. If the injury is not an emergency, you can talk with your employer about where you should go get medical care.
Cash Benefits for Lost Wages
If your claim is approved by the Workers’ Compensation Board and your workplace injury causes you to be unable to work for more than seven days, your employers’ workers’ comp insurance will pay you a portion of your wages. The New York State Workers’ Compensation Board uses the following formula to calculate your benefits:
2/3 x average weekly wage x % of disability = weekly benefit
According to the Workers’ Compensation Board, “Therefore, a claimant who was earning $400 per week and is totally (100%) disabled would receive $266.67 per week. A partially disabled claimant (50%) would receive $133.34 per week.”
There are limits to how much the benefits will pay out, though. Currently, the max benefits top out at $934. The max benefit is set each year on July 1.
Workers’ Compensation – Not Social Security Disability and Not a Personal Injury Case
It is important to understand what workers’ compensation benefits are – and what they are not. Workers’ comp benefits will cover your medical treatment and a portion of your wages, but the benefits are not:
Social Security Disability Benefits
Social security disability benefits are cash benefits you get when you file a claim with the Social Security Administration for disability and your claim is approved. These are different than NY workers’ comp benefits. Workers’ comp is for disability caused by a work injury. Social security disability does not have to be work-related. It is for any disability that makes you unable to work. You cannot be paid both workers’ comp and social security disability at the same time.
Personal Injury Case
A personal injury case is a legal action you can take if you sustained an injury due to the negligence of another – including your employer. A successful personal injury lawsuit can pay far, far more than the maximum workers’ comp benefits.
If you believe your work injury was caused by your employer’s negligence, you should definitely contact a personal injury lawyer at our firm. We can help you determine if you have a promising case.
Your Workers’ Compensation Case – What to Do Next
If you sustain a work-related injury in Suffolk County, you should:
Get medical attention.
You should seek medical care immediately if you are injured at work. As soon as you can, head to the emergency room or another medical care provider and get your injury treated by a medical professional.
Report the injury to your employer.
Once you are safe and medically stable, you need to report your injury to your supervisor or employer. After you have reported your injury, your employer can contact the insurance carrier and start the workers’ compensation claims process.
Contact Terry Katz & Associates Your New York workers’ comp attorney.
Our NY workers’ compensation lawyer can help you understand what your rights are and what steps you should take to protect those rights.
Why You Need a Workers’ Compensation Lawyer
If you have been injured at work in Suffolk County, Nassau County, Queens, Garden City, Long Island, New York City, or anywhere in New York state, we would like to help you with your workers’ comp claim. Our workers’ compensation law firm has the experience and the skills to negotiate with your employer’s insurance company and the Workers’ Compensation Board of New York. We can also help determine if you have a personal injury case worth pursuing.
Contact the law office of Terry Katz & Associates now for a free consultation with a workers’ compensation attorney to discuss your workers’ compensation claim. Call us now at 888-488-7459!