New York City Workers Compensation Lawyer

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New York City Workers Compensation Lawyer

New York City Workers Compensation LawyerIf you were injured on the job in New York City, you may be entitled to compensation for medical bills and lost wages. With the help of a New York City workers’ compensation lawyer at the Law Offices of Jay S. Knispel, LLC, you can make sure you’re getting all the benefits you need while you recover.

Our attorneys have more than 25 years of experience helping injured workers in NYC. We’ll do everything we can to get the full amount you deserve.

Your initial consultation is free, so don’t hesitate to contact our law firm in New York, New York, for legal advice today.

How the Law Offices of Jay S. Knispel, LLC Can Help After a Workplace Accident in New York City

How the Law Offices of Jay S. Knispel, LLC Can Help After a Workplace Accident in New York CityWorkers’ compensation is supposed to help injured workers get back on their feet after an accident. Unfortunately, the rules are complex. You’ll have to follow strict procedures and timelines. A single error could mean you lose out on money in your pocket.

Employers and insurance companies often make it tough to get the full amount you deserve. Hiring a New York City personal injury lawyer can make all the difference.

At the Law Offices of Jay S. Knispel, LLC, our attorneys will:

  • Handle the administrative burden and make sure all paperwork is accurate and submitted on time
  • Make sure you’re getting the maximum benefits available under the law
  • Search for evidence to support your workers’ compensation claim
  • Find out whether you’re entitled to any additional compensation via the personal injury process

Workers’ compensation insurance companies often resort to tactics designed to minimize or deny your claim. They might argue that your injuries pre-dated your work accident–or even push you to return to work before you’re ready.

An experienced New York City personal injury attorney can help you fight back. We have more than 25 years of experience helping clients like you. We know the law inside and out and are prepared to put that knowledge to work for you.

Ready to learn more? Call to schedule your free consultation today.

What is My New York City Workers’ Compensation Claim Worth?

Injured workers in New York aren’t permitted to sue their employers for damages. They’re guaranteed benefits under NYC workers’ compensation laws, but those benefits are limited.

Like any personal injury claim, the value of your workers’ compensation claim will depend on the severity of your injuries.

Relevant factors include:

  • How long you’re off the job
  • The cost of your medical treatment
  • Whether you’ll suffer a permanent disability
  • The amount of your average weekly wages prior to the accident

Almost all employees who are hurt on the job are entitled to benefits. To make sure you’re maximizing your benefit levels, call a lawyer who can help today.

What Types of Damages Are Available Under New York Workers’ Compensation Laws?

Work accident victims in New York are entitled to three primary types of benefits under NYC workers’ compensation laws.

These benefits compensate injured workers for their economic damages and include:

  • Medical expenses
  • Wage replacement or disability benefits
  • Survivors’ benefits

Our lawyers can help you fight for the full amount you’re entitled to receive.

Medical Benefits

Workers’ compensation covers the cost of medical care related to a workplace injury or illness.

Medical care includes:

  • Medical treatment
  • Surgeries
  • Medications
  • Dental care
  • Optical care
  • Medical devices

Usually, injured workers are required to seek medical attention from a provider who has been approved by the Workers’ Compensation Board. In an emergency, however, you’re entitled to see any available healthcare provider.

The workers’ compensation insurance company pays your medical bills directly. In other words, you aren’t required to pay any out-of-pocket medical expenses. However, the medical provider will send reports about your medical condition and treatment to the insurer at least every 90 days.

If medical costs are disputed, you may be required to pay those disputed costs.

Wage Replacement Benefits

Work accident victims are entitled to payment for lost wages if they:

  • Miss more than seven days of work because of the injuries, or
  • Experience a reduction in pay because of working fewer hours or performing different responsibilities

If you miss more than seven days of work, you’re entitled to receive about ⅔ of your average weekly wages prior to the accident. If you miss at least 14 days of work, you’re entitled to benefits for the first seven days of disability.

Survivors’ Benefits

Surviving spouses and children of fatal accident victims are entitled to receive:

  • Weekly wage replacements equal to ⅔ of the deceased worker’s average weekly wages prior to the accident
  • Funeral and burial costs of up to $12,500

If the decedent left no surviving spouse or dependents, the deceased worker’s parents are entitled to receive a $50,000 cash benefit.

Can I Recover Damages If I’m Being Blamed for a Work Accident in New York, NY?

The New York State workers’ compensation system compensates injured workers regardless of fault. In most cases, you’re entitled to workers’ comp benefits even if you were responsible for your work accident.

Personal injury laws are a bit different. Victims can recover damages if they’re blamed for an accident. However, under New York pure contributory negligence laws, settlements and verdicts are reduced in proportion to the victim’s share of fault.

We’ll Fight to Recover Compensation for All of Your Work Accident Injuries

At the Law Offices of Jay S. Knispel, LLC, we’re ready to handle your injury claim, regardless of how big or small.

We regularly represent clients in NYC and Staten Island who have suffered:

  • Brain injuries
  • Spinal cord injuries
  • Head and neck injuries
  • Concussions
  • Chest injuries
  • Back injuries
  • Eye injuries
  • Hearing damage
  • Respiratory diseases caused by exposure to toxic chemicals
  • Organ damage
  • Broken bones
  • Burn injuries
  • Crushing injuries
  • Loss of limbs
  • Paralysis
  • Catastrophic injuries
  • Wrongful death of a loved one

You don’t have to work on a construction site to suffer serious workplace injuries. Our legal team represents clients hurt in all types of work environments, including office buildings, grocery stores, restaurants, and more.

If you were hurt, it’s always a smart idea to have an experienced New York City workers’ compensation attorney review your claim. Your initial consultation with our firm is always 100% free of charge.

What Causes Most Workplace Accidents in New York City, New York?

On-the-job injuries and illnesses in NYC are commonly caused by:

  • Failure to follow state and federal safety regulations
  • Lack of fall protection gear
  • Lack of proper safety equipment
  • Unsafe work equipment
  • Exposure to toxic substances
  • Repetitive motions
  • Heavy lifting
  • Being crushed by a falling object
  • Being caught between objects

We handle all types of on-the-job accident claims in New York City, including those involving:

  • Fall accidents
  • Construction accidents
  • Building collapse
  • Fires and explosions
  • Electrocution and electric shock
  • Trench collapses
  • Scaffolding accidents
  • Crane accidents
  • Heavy machinery accidents
  • Car accidents
  • Occupational illnesses and diseases
  • Repetitive stress injuries

You’re entitled to workers’ compensation regardless of whether your employer was negligent or followed OSHA safety regulations. If you were injured on the job, call our lawyers today to learn more about protecting your rights.

Am I Required to Prove Negligence to Claim Workers’ Compensation Benefits in New York?

You don’t have to prove your employer was negligent to claim workers’ compensation benefits in NYC. However, that doesn’t mean you won’t face any challenges in getting the fair benefits you deserve.

To recover fair compensation, you might have to prove:

  • The value of your average weekly wages prior to the accident
  • That your medical expenses were reasonable and necessary
  • That your injury, illness, or condition was directly caused by employment conditions
  • That you were a common law employee at the time of the accident
  • That you’re not ready to return to work

You could also face retaliation or discrimination upon returning to work–which is strictly prohibited under New York state law. Our attorneys are here to help you handle any challenges to recovering or maintaining your workers’ compensation benefits. Just give us a quick call today to see how we can help.

How Long Do I Have to File a Workers’ Compensation Claim in New York?

You’re required to notify your employer of your injury within 30 days to preserve your right to benefits.

After that, you’re required to notify the Workers’ Compensation Board within two years of your injury. If you suffered a work-related illness or repetitive stress injury, you have two years from the date you reasonably should have known about the injury to file Form C-3 with the Board.

If you’re eligible to pursue additional damages through the third-party claims process, the New York statute of limitations gives you three years to file a personal injury lawsuit.

Contact a New York City Workers’ Compensation Lawyer for a Free Consultation

Were you injured at work in the New York metro area? Call a New York City workers’ compensation lawyer at the Law Offices of Jay S. Knispel, LLC for help with the claims process today. We can also help you explore your right to file a third-party claim for additional benefits. As always, we offer a free consultation, so contact us today to learn more about how we can help.

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Our Locations

New York City Office 

450 7th Ave Suite 409
New York, NY 10123

Law Offices of Jay S. Knispel Personal Injury-New York City Office

 

Brooklyn Office 

26 Court St., Suite 2511
Brooklyn, New York 11242

Law Offices of Jay S. Knispel Personal Injury - Brooklyn Office

 

We are available to take your call 24/7