Nearly every employee in New York has encountered the term “workers’ compensation,” or shortened to simply “Workers’ Comp.” It is a type of insurance that pays a portion of an injured worker’s lost wages and medical expenses due to a workplace injury or illness. In exchange, the worker gives up the right to sue the employer in civil court for their injury. This is a trade-off that benefits both parties as the employer cannot be sued for the accident, while the injured worker gets guaranteed no-fault insurance coverage for work-related injuries or illnesses. Having a workers' compensation lawyer Queens on your side can help ensure you navigate this complex system effectively.
In order to qualify for workers’ comp, a worker must first report the injury to their employer. They should do this as soon as possible after the incident occurs so that they can begin to receive their benefits. The worker must also be able to prove that the injury or illness is work-related. Typically, an employer’s insurance provider will send the worker to a doctor for a medical evaluation of their injuries or illness, and that physician will complete a preliminary medical report. The doctor will determine if the injury or illness is work-related, and how severe it is. Workers in Queens should consider hiring a workers' compensation lawyer Queens to assist with this critical early stage.
The next step is to file a claim with the Workers’ Compensation Board, or WCB. This should be done within 30 days of the injury or illness. It is important that the injured worker has an attorney assist them with their claim because they can ensure all necessary paperwork is filed correctly and in a timely fashion. They can also help the injured worker understand what benefits they are entitled to under the law. A workers' compensation lawyer Queens can provide invaluable guidance during this filing process.
Once the workers’ comp case has been filed, the WCB will schedule a hearing to evaluate the claim. These hearings are conducted by judges who will review the evidence and testimony presented in the case. The judge will make a decision at the end of the hearing, and if the ruling is in favor of the injured worker, they will be awarded their benefits. If the ruling is against the injured worker, they can appeal the decision to a higher judicial panel. Employing a workers' compensation lawyer Queens is crucial for effectively navigating this hearing.
A workers’ comp lawyer can also help an injured worker through the appeals process if their claims are denied. They can help them gather additional evidence and present that evidence at a WCB hearing to reopen the case and reevaluate the claim. They can also assist an injured worker in filing a lawsuit against the employer if their claim is denied by the WCB. In Queens, a workers' compensation lawyer Queens will be experienced in managing both the appeal process and any necessary litigation.
A skilled and experienced NYC workers’ compensation attorney can help an injured worker get the maximum compensation from their insurance claim. They can also help ensure that the injured worker is properly classified as an employee for tax purposes and coverage under the employer’s insurance policy. Often, employers attempt to misclassify employees as independent contractors in order to save money on taxes and insurance premiums. A dedicated workers' compensation lawyer Queens can ensure that all appropriate steps are taken to maximize the financial recovery from a workplace injury or illness.
If you disagree with a Law Judge's decision in your workers' compensation case, you have 30 days from the date of the ruling to request a review. An application for review is filed with the New York Workers' Compensation Board using a form that is available on the Board website under the Forms section. The forms have strict filing requirements and specific instructions about how to fill them out. Consulting with a workers' compensation lawyer Queens can help ensure that all procedures are followed correctly and timely.
Injured workers and their attorneys must be sure to follow all of the guidelines in order to ensure that their appeal is heard on a timely basis. During the hearing, you will have the opportunity to present your side of the story and call witnesses. Evidence is also submitted at this time, including medical reports, bills, paychecks, and any other relevant documents that are important to your claim. A workers' compensation lawyer Queens can be invaluable in effectively organizing and presenting your evidence.
The formal hearing is an opportunity for both sides – the injured worker, their attorney and the insurance company – to present their arguments about the case. The Law Judge will listen to both sides and issue a ruling. The ruling will usually state whether or not the Law Judge agreed with your argument and what benefits you are entitled to. Having a workers' compensation lawyer Queens by your side can greatly enhance your ability to argue your case effectively.
After a Law Judge's decision is made, either the injured worker or the insurance company may appeal the decision to the next level of review. This is known as the Board Panel Review. In this stage of the appeal, your case will be reviewed by a three-member panel of Workers' Compensation Board Commissioners. The panel may affirm, modify or rescind the Law Judge's decision. A workers' compensation lawyer Queens can assist in preparing for and navigating through this complex appellate process.
If the decision at this level of the appeal is not to your liking, you can petition for a Full Board Review (New York Workers' Comp Law 23). In this review, all 13 members of the Board will review your case and come up with a final ruling. If the decision is still not to your liking, you can file an appeal to the Third Department of the Supreme Court Appellate Division. This is the highest level of appeal in New York. The Appellate Division will look at the evidence submitted in the case and hear arguments from both parties before issuing a decision. At this stage, having a skilled workers' compensation lawyer Queens can be crucial in achieving a favorable outcome.
The workplace can be a dangerous place. Whether it is an accident that leads to an injury or an illness caused by working conditions, employees should be prepared to deal with the consequences of being injured on the job. In New York, workers are entitled to a slew of benefits to help them pay for medical treatment and support themselves while they are out of work. Understanding what those benefits are and the requirements to be eligible can help you better prepare for the potential of an on-the-job injury or illness. A workers' compensation lawyer Queens can provide crucial guidance in understanding and accessing these benefits.
The first step to getting benefits under workers' compensation is seeking medical attention immediately after a workplace accident or the onset of an occupational illness. Whether the injury is minor or severe, it is important to notify your employer within 30 days of an incident, or two years of the onset of the occupational illness, in order to ensure that your claim for benefits can be processed as quickly as possible. In these cases, a workers' compensation lawyer Queens can assist in promptly and accurately notifying all necessary parties.
Depending on the severity of the injury or condition, you may be eligible for medical benefits including hospitalizations, surgery, prescription medications, and physical therapy. In addition, you can receive a portion of your lost wages, which is typically calculated as two-thirds of your average weekly wage. Having a workers' compensation lawyer Queens involved can help ensure that all calculations are fair and maximized in your favor.
Workers' compensation also offers death benefits and survivor benefits for families who have lost a loved one due to a work-related accident or illness. Additionally, New York law provides a statutory penalty for employers who do not carry adequate workers' compensation insurance coverage. A workers' compensation lawyer Queens can be instrumental in cases where an employer’s non-compliance affects the benefits.
As with any legal process, the application for workers' compensation benefits can be complicated and time-consuming. It is critical to have experienced counsel on your side as early in the process as possible to ensure that your rights are protected, and to make certain that all necessary paperwork is properly filled out and submitted in a timely manner. A workers' compensation lawyer Queens has the skills to navigate these complexities effectively.
Even when you have provided the appropriate documentation to your employer and the insurance carrier, it is not unusual for these entities to dispute the legitimacy of your claim or the amount of benefits to which you are entitled. They may also challenge the results of any medical examinations conducted by a doctor selected by them. In some instances, the employer or insurer may even attempt to retaliate against you for asserting your rights. Here, the support of a workers' compensation lawyer Queens becomes essential in defending your rights and securing the benefits you rightly deserve.
K L Sanchez Law Office, P.C. | Construction Accident Attorney and Car Accident Lawyer
3763 83rd St #1m, Queens, NY 11372, United States
(646) 701-7990