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New York Workers’ Compensation FAQs

Were you injured in a workplace accident in New York City, NY? New York City workers may receive workers’ compensation benefits if they are injured at work or develop an occupational disease. An experienced lawyer can help you receive all the benefits you need as you recover from a work-related injury.

Our New York City workers’ compensation lawyers at the Law Offices of Jay S. Knispel have decades of experience. We have won millions in settlements and verdicts. Our legal team fights to protect your right to the benefits you need after a workplace accident.

Contact our office today to schedule a free consultation at (212) 564-2800 to discuss your case with one of our injury lawyers.

How the Law Offices of Jay S. Knispel Can Help You With a Workers’ Compensation Claim

Navigating New York’s workers’ compensation system can be frustrating, especially when you are dealing with a painful recovery. When you hire an experienced New York City workers’ compensation attorney, your attorney will handle all the complicated forms, strict procedures, and deadlines.

When you hire our top-rated personal injury lawyers, you can trust we will:

• Complete all necessary forms and documents and ensure they are submitted on time
• Investigate the cause of your work injury to determine if you have a third-party claim
• Ensure you receive the maximum benefits under the law
• Retain medical specialists and other experts to assist with your case as necessary
• File workers’ compensation appeals and represent you in all hearings and court proceedings

 

At the Law Offices of Jay S. Knispel, our lawyers have received numerous awards and recognition from national legal organizations. They are members of the Multi-Million Dollar Advocates Forum and have top ratings from Super Lawyers, The National Trial Lawyers, and Martindale-Hubbell.

Do you need help with a New York City, New York workers’ compensation claim? Call the Law Offices of Jay S. Knispel to schedule a free case evaluation to learn more about your workers’ comp benefits.

What Types of Workers’ Compensation Benefits Can I Receive?

Injured workers may receive one or more benefits under New York workers’ compensation laws. Benefits include:

Healthcare – The cost of medical treatment is covered by workers’ compensation when you are injured on the job. Medical benefits include treatments, medications, medical devices, rehabilitative therapies, and other reasonable and necessary medical care.

Loss of Income Benefits – You can receive lost wage benefits if your injuries prevent you from working. The benefits equal about 2/3 of your average weekly wages.

Disability Benefits – You may also receive disability benefits if you sustain a permanent impairment. The benefits depend on your impairment rating.

Survivor Benefits – A worker’s spouse and children can receive benefits if a workplace injury results in the death of their family member.

All these benefits are covered by your employer; you do not have to pay for or contribute anything to receive them. 

Can I Receive Workers’ Comp Benefits if I’m at Fault for Causing My Work Injury?

Workers’ compensation is a no-fault system. Even if you are to blame for causing your injuries, you can receive workers’ comp benefits. Contributory fault does not apply to workers’ comp claims.

However, there are exceptions. If you intentionally cause your injuries or you are intoxicated, you may not qualify for workers’ comp.

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

The law requires you to report workplace injuries and accidents to your employer within 30 days of the injury. You usually have up to two years to file a formal claim with the Workers’ Compensation Board. The deadline to file personal injury lawsuits for third-party claims is generally three years.

What Should I Do After a Workplace Injury in New York?

If you are injured at work, steps to take include:

• Seek medical treatment from a medical provider authorized by the New York State Workers’ Compensation Board. If you require emergency treatment, call 911 or go to the hospital.
• Notify your supervisor or employer as soon as possible. If you do not notify your employer within 30 days, you could lose your right to workers’ compensation.
• Follow your doctor’s instructions regarding work restrictions.

 

You may also want to talk with an attorney. Even though workers’ compensation should be a straightforward process, the insurance company and your employer may deny your claim or undervalue your damages. Consulting with an attorney will ensure that you understand your rights.

Can I Sue My Employer for a Workplace Injury?

Typically, you cannot sue your employer for damages if you are covered by workers’ compensation. An exception may apply if your employer intentionally causes your injury.

However, you might be able to sue a third party if they caused your injury. Workers’ compensation does not cover all lost wages. It also does not compensate you for pain and suffering. If you have a personal injury claim against a third party, you could receive full compensation for your economic and non-economic damages.

Schedule a Free Consultation With Our New York City Workers’ Compensation Lawyer

Are you ready to learn more about workers’ compensation claims in New York? Call the Law Offices of Jay S. Knispel to schedule a free consultation with an experienced New York City workers’ compensation lawyer.