New York City Workers’ Compensation Attorney
In New York, most employers are required to carry workers’ compensation insurance in case anyone gets hurt on the job. When you suffer a workplace injury, you can file a claim to recover money to cover the cost of your medical bills, lost wages, and, if necessary, disability.
It doesn’t matter who’s at fault. If you get hurt while working in New York City, benefits are probably available.
Unfortunately, your employer and their insurance company might not make things easy for you. In fact, they might even try to drive down the value of your claim to save money. Don’t let them take advantage of you or manipulate you out of the compensation you deserve.
Contact the NYC workers’ compensation lawyers at Mirman, Markovits & Landau, P.C. for immediate assistance. Since 1977, we’ve been a trusted ally to injured workers across the city. We know how the workers’ compensation system works, and we know how to maximize your compensation. Give us a quick call to schedule a free consultation and discuss your case today.
Why Should I Call a New York Workers’ Compensation Lawyer After I Get Hurt On the Job?
Whether you work in an office in downtown Manhattan or on a construction site in the Bronx, there’s always a risk of getting hurt on the job. A workplace injury or illness can leave you with serious injuries and prevent you from going back to work. This can put you in a really tough situation. Without financial assistance, you might find that you can’t make ends meet.
That’s why New York has such robust workers’ compensation laws. You’re protected if you get hurt on the job. However, the process of getting benefits can be overwhelming. You can’t just submit a form and expect a check the next day. You have to fill out the correct paperwork, meet strict deadlines, and comply with insurance company rules and procedures.
It’s not in the insurance company’s best interests to pay out workers’ compensation claims. Insurers make money by denying and undervaluing claims. They’ll try to make you jump through hoops and do anything they can to minimize the benefits you’re ultimately awarded.
Hiring an attorney to help you navigate the workers’ compensation benefits process is one of the best things you can do after you get hurt. At Mirman, Markovits & Landau, P.C., our attorneys have more than 200 years of combined experience fighting on behalf of injured laborers in NYC.
We’ve helped thousands of clients and secured more than $1 Billion in settlements and verdicts. When you call us for help after a work-related injury, we’ll do everything we can to maximize your workers’ compensation benefits. Give us a call today to learn about your rights and discuss your options.
We Handle All NYC Workers’ Compensation Cases
Our law firm is different from others in New York City. We’re like one big family. When you get hurt on the job in New York and call us for help, you become a part of that family. We’ll help you navigate the complicated workers’ compensation benefits claims process and fight to maximize your recovery.
Our personal injury lawyers in NYC understand that any workplace accident, illness, or disability can be devastating. We’re here to help you, no matter how or why you got hurt. We handle all workers’ compensation cases, including those involving:
- Construction accidents
- Crane accidents
- Scaffolding accident
- Trench collapse accident
- Exposure to toxic substances, chemicals, or fumes
- Motor vehicle accidents
- Hospital workplace accidents
- Tunnel worker silicosis
- Heavy machinery accidents
- Occupational illnesses and diseases
- Repetitive motion or stress injuries, and
It doesn’t matter if you got hurt because your employer was negligent, provided an unsafe workplace, or failed to follow OSHA safety standards. It doesn’t matter if your own negligence contributed to your workplace accident. If you’ve been hurt on the job, we’ll help you get benefits under New York’s workers’ compensation laws.
At Mirman, Markovits & Landau, P.C., our legal team is always available to take your call, 24 hours a day, 7 days a week, 365 days a year. Contact our law office today to set up a time to talk about your case.
Who Qualifies For Workers Compensation Benefits in NYC?
New York workers’ compensation laws are quite expansive. They’re written so that benefits are available to almost anyone who is injured while spending time working for a for-profit business. Employee, for the purposes of workers’ compensation, is broadly defined to include:
- W2 workers
- Day labor
- Leased employees
- Borrowed employees
- Part-time employees
- Construction workers
- Unpaid volunteers, and
Your immigration status also won’t affect your ability to apply for and recover workers’ compensation benefits. In New York, you’re entitled to workers’ compensation if you get hurt at work, even if you’re an undocumented laborer.
When Are Workers’ Compensation Benefits Available?
Under New York State law, workers’ comp benefits are available if your employer is insured, AND you suffer an injury:
- At your place of work
- Away from your worksite, while performing job duties, or
- Because of work-related duties, obligations, or tasks.
In other words, you don’t necessarily have to be at work to qualify for workers’ compensation insurance benefits. You simply have to get hurt while performing work-related duties. For example, you could potentially qualify for workers’ compensation benefits if you’re injured in a car accident while driving the company truck for business purposes.
What Benefits Can I Recover If I Apply For Workers’ Compensation?
When you get hurt at work, it’s easy to get overwhelmed. Workers’ compensation benefits are available to help you cover the costs of your injury and manage your day-to-day expenses as you get back on your feet.
When you suffer a work-related injury, your medical care can be covered by workers’ compensation insurance. However, you can’t just go to your own doctor. You have to seek care from a medical provider that’s been pre-approved by the Workers’ Compensation Board. The only exception is if you need emergency medical care. As long as your case is not disputed, your employer or their insurer will pay for all of your necessary medical care.
When you get hurt at work in New York, you may also qualify for cash benefits if you’re unable to work for more than seven days. Cash benefits – which are also known as temporary disability and permanent disability payments – are paid to cover your lost wages after you hurt.
However, you won’t get a check for all of your lost income. Your doctor will give you an impairment rating. This essentially explains, on a scale from one to 100, how much your injury affects your ability to work. You’ll receive two-thirds of your average weekly wage, multiplied by your impairment rating.
So, let’s say your doctor says you’re 100 percent disabled. Before your injury, you earned an average of $500 a week. You’d receive two-thirds of $500, leaving you with a cash benefit of $333.50.
New York state law establishes maximum payable cash benefit amounts, depending on when you got hurt.
Can you get cash benefits if you’re disabled but can still go back to work? Yes. You might be able to get cash benefits for two-thirds of the difference between what you were able to earn before you got hurt and what you’re capable of earning now.
You might also qualify for supplemental workers’ compensation benefits if you’ve been permanently disabled or are a widow(er) receiving death benefits for a spouse who died before January 1, 1979. These supplemental benefits are paid to individuals who exhibit a need for additional compensation, even when receiving weekly cash benefits and/or death benefits.
Social Security Benefits
If you become permanently disabled because of your on-the-job injury, or if you’re unable to work for at least 12 months in a row, you may also qualify to receive Social Security Disability benefits. These are federal benefits, payable by the Social Security Administration.
Has someone you love died because of a work-related accident, injury, or illness? You may qualify to receive death benefits through New York’s workers’ compensation program. Spouses, children, and other dependents can receive cash benefits on a weekly basis. Death benefits can equal two-thirds of the victim’s average weekly wage the year prior to death, as long as that amount does not exceed the maximum set by the state.
Death benefits can also include compensation for funeral and burial expenses, up to $12,500 in counties surrounding New York City.
Even though you waive the right to sue your employer, additional benefits may be available if a negligent third party caused you to get hurt. This could include damages for pain and suffering, emotional distress, and disfigurement.
How Long Do I Have to Request Workers’ Compensation After I Get Hurt?
It’s important to act quickly if you’ve been injured in a workplace accident in New York City. You have to notify your employer in writing within 30 days of your accident. In order to receive benefits, you’ll also have to file a formal request for benefits. The statute of limitations for this process is either two years:
- From the date of your injury, or
- After you learned about, or should have known about, your injury or illness.
Not sure how long you have to request workers’ compensation benefits? Let the attorneys at Mirman, Markovits & Landau, P.C. help. All you have to do is reach out to us by phone or online and schedule a free consultation. We can get to work on your workers’ compensation case right away.
Call Our New York Workers’ Compensation Attorneys For Help
We know how devastating a work-related injury can be. That’s why the attorneys at Mirman, Markovits & Landau, P.C. are prepared to help you fight to recover all of the benefits you deserve. We represent clients across New York, in Brooklyn, the Bronx, Long Island, Manhattan, Staten Island, Queens, and Westchester.
Contact our New York City law office to speak with our experienced legal team. There’s no risk in asking for our help, so give us a quick call now.
If you’ve suffered a life-altering injury, call 212-227-4000 for immediate help. We serve clients all over New York City.