No matter what industry you work in in the state of New York, work-related injuries can and do occur. When you suffer from a work injury, you will likely incur significant costs for medical treatment, rehabilitation, and even the time you have to take off work to recover.
While businesses purchase workers’ compensation insurance to cover these costs for workers injured workers sometimes find themselves with claims being denied, or less than the needed benefit being afforded to them. Because of this, when a workplace accident occurs it is crucial to seek out legal advice from an injury attorney.
At the law firm Terry Katz & Associates P.C., we know how the New York workers’ compensation process and policies and work and will fight for you to get the benefits you need for your job injury. Call Terry Katz & Associates at 888-488-7459 to get started.
Terry Katz, Esq., Founder at Terry Katz & Associates
What Worker’s Compensation Benefits May You Be Entitled to Under New York Law?
Whether you were injured on the job in Brooklyn, the Bronx, Queens, Staten Island, Long Island, Manhattan, or anywhere else in NYC, we are ready to argue your injury case with the insurance company. Contact one of our experienced attorneys today to schedule your free consultation at 888-488-7459.
If you are injured during the course of your work duties, you could be entitled to workplace injury benefits which are designed to cover the costs that you incur towards your recovery to assist you with getting back to your job as soon as possible. The amount of benefits that you will receive for your Brooklyn workers’ compensation claim with depending on the level of injury that occurred and the amount of disability it will result in. A workers’ compensation case will break down the disability payout in one of three broad categories.
Permanent total disability:
If you are deemed unable to return to work as a result of your work injury, then you will be compensated with two-thirds of your weekly average pay. You may also be entitled to social security disability benefits depending on your household income.
Temporary total disability:
Your disability may be considered a temporary total disability if you are out of work for a period of time but able to return after recover. In this instance, you will be paid two-thirds of your average weekly pay starting from the first day of injury if the injury lasts more than 14 days. b
Permanent partial disability:
This type of compensation is provided for an employee who suffers an injury that is permanent and although it does not interfere with their ability to the worker, it reduces their capability to work, meaning they will earn less. In this instance, the worker will be paid benefits for a number of weeks related to the type of injury that is sustained.
How Do You File for a Workers’ Compensation Claim?
You can file a workers’ compensation claim immediately after suffering a workplace accident or injury. You will need to provide written notice about the injury along with the medical diagnoses and relation to the injury to your job functions. This can be more difficult with back injuries that can show up significantly later, so if you feel you might have been injured, it is always best to seek out immediate treatment. Once you have filed, you will have to wait up to seven days before you can qualify for benefits. If the injury puts you our of work past 14 days, you will be able to retroactively claim those weeks.
It is important to note that for a workers’ compensation claim to be considered, the injury will have to have occurred as a result of the duties you perform in the capacity of your employment.
What Does Workers’ Compensation Cover?
Workers’ compensation insurance is designed to cover what the worker will need to help get them back on their feet so they can return to work if possible. There are a number of ways benefits are paid for a workplace injury, including:
The cash benefits which are the two-thirds of your average weekly pay is designed to cover your bills and other expenses due to the loss of income. When you return to work this benefit will cease unless your injury is so great that you will be limited in your abilities.
When you file a workers’ compensation claim, you will see a medical professional approved by the workers’ compensation insurance. All medical testing and treatments related to the work injury will be covered. This can include imaging such as Xrays, prescriptions, doctor’s visits, hospital stays, medical equipment, and even rehabilitative therapy.
There are other expenses that can be covered as long as there are related to the treatment for your workplace injury. Often times these expenses will be reimbursed and include such things as travel expenses to and from medical treatment and over-the-counter medications and treatments such as bandages.
One-time compensation benefits:
There are also situations where you may receive a cash benefit for an injury aside from the benefits for treatment. This can come about when an injury leads to a permanent result that will not interfere with your ability to work, but could affect your physical or emotional well-being. Injuries that typically fall under these categories include facial disfigurement and scarring, or the loss of extremities.
Why Do You Need a Workers’ Compensation Attorney to Argue Your Personal Injury Case?
Hiring an injury lawyer to argue your New York State workers’ compensation case can help you to be better prepared and provide you with the best possible outcome. An experienced NY workers’ compensation lawyer will know what evidence and information insurance companies are looking for as well as the processes and procedures of personal injury law. If your case is denied, the responsibility will fall on you to gather the necessary information which shows that your injury is debilitating and also was a result of the conditions or an accident at the workplace. An experienced attorney knows the evidence needed to prove your case, so that valid claims can receive the benefits they need to recover and return to work.
Terry Katz & Associates P.C. is a workers’ compensation law firm with experienced attorneys who have decades of experience arguing the legal issues that can arise in a workers’ compensation case. If you are in need of a Brooklyn workers’ compensation lawyer for your injury case contact us today to discuss your options at 888-488-7459.