Without knowing how to navigate the workers\u2019 compensation claim process, an employee who has suffered a work-related injury or occupational illness, or their family, could lose valuable benefits. The employee must prove through medical documentation from physicians approved by the federal or state workers\u2019 compensation board that their injury is due to a workplace accident or their disease related to their exposure on the job. The insurance company may require diagnostic testing through their approved medical serviced provider. Employees receiving workers\u2019 compensation are required to submit periodical medical reports to, usually every ninety days.<\/p>\n Federal or individual state workers\u2019 compensation laws also govern the timing and method in which an employee must notify their employer of their work-related injury or occupational disease, usually notification must be in writing within thirty days. These laws also set a statute of limitation for the filing of a formal workers\u2019 compensation claim, usually two years. If an employee fails to notify their employer or file the claim on time, they can lose all rights to compensation.<\/p>\n Let a workers\u2019 compensation attorney fight to ensure you receive your due benefits.<\/strong><\/p>\n<\/div>\n Your injury or illness may make compiling the paperwork for a workers\u2019 compensation claim difficult. The process can be complicated and workers\u2019 compensation laws are constantly changing. While some employees represent themselves in these claims, you have the right to have a workers\u2019 compensation lawyer help you. Only a workers\u2019 compensation attorney will know how to advise you during your claim and protect your valuable legal rights.<\/p>\n \u00a0<\/p>\n Feel free to review the following topics to learn more about workers\u2019 comp in New York:<\/p>\n Concrete and cement are potentially dangerous materials to work with. They are used in a number of applications across the country. Eye or skin contact with wet cement or concrete can lead to severe burns and irritation, and inhalation of dry concrete or cement dust can cause serious respiratory disorders such as silicosis and even lung cancer. Our workers’ compensation law firm handles work injury claims related to concrete burns and other injuries and even has a secure database to track workers\u2019 exposure and injuries in order to help with future litigation.<\/p>\n The majority of workers\u2019 compensation claims in New York are denied the first time they are submitted. At times, a denial may stem from a simple mistake that can be corrected by including additional information or supporting documentation. Whatever the reason for the denial, a claimant has the right to request a hearing with a Workers\u2019 Compensation Law Judge and to then file an appeal with the New York State Workers\u2019 Compensation Board. There are several steps that can be taken when appealing a denied claim; our workers’ compensation lawyers are familiar with all of these and will take whatever appropriate measures are needed to dispute a denied claim.<\/p>\n Diesel exhaust contains a number of dangerous substances and known carcinogens, such as benzene, formaldehyde, sulfur dioxide, and carbon monoxide. Workers exposed to diesel fumes may be at risk of experiencing short and long-term health problems ranging from headaches and coughing all the way to heart disease and a worsening of lung disorders. Employers should protect their employees from diesel exhaust exposure by properly ventilating workspaces and providing masks or other protective gear to limit the harmful effects of exposure.<\/p>\n There are different ways a worker can file a claim for workers\u2019 compensation benefits in New York. A worker will need to fill out a specific form from the NYS Workers\u2019 Compensation Board, which can be done online, over the phone or via mail. This section of our website<\/a> provides helpful insight on how to file a claim, including how a compensation attorney can help.<\/p>\n If you have been injured at work, it can be difficult to know exactly what to do next. Seeking medical attention should be at the forefront of your concerns, but you will also need to inform your employer, in writing of what occurred. This must be done within 30 days of the date of your accident or injury. You will also need to file a workers\u2019 compensation claim, which must be done within two years. By following several simple steps, you can protect your right to benefits.<\/p>\n The New York workers\u2019 compensation system offers benefits for employees who have been disabled by occupational diseases. Occupational diseases include various medical conditions caused by one\u2019s work environment or the duties associated with one\u2019s job. Workers in certain fields, for example, may be exposed to asbestos, benzene, pesticides, or other harmful substances. They may be covered by workers\u2019 comp if they contract mesothelioma, asbestosis, cancer, nervous system disorders, or other health problems caused by this exposure. Our team handles occupational disease claims for workers across the state.<\/p>\n Falls, fires, electrocutions, falling objects, work-related auto accidents, slip and fall accidents, explosions, and many other types of workplace accidents are covered by workers\u2019 compensation. As long as a disabled worker sustained his or her injuries in an accident that was work-related (occurred at work or in relation to his or her job duties), he or she may be entitled to benefits without having to prove that another person was to blame for causing the incident in the first place. Workers\u2019 compensation benefits are provided on a no-fault basis, meaning a claimant does not need to prove another\u2019s fault to be eligible for compensation.<\/p>\n Virtually all kinds of work injuries and illnesses are covered by workers\u2019 compensation. Medical care is provided for all types of injuries, minor and severe. Cash benefits are available for workers who have sustained injuries that have left them partially or totally disabled and unable to work for more than seven days. Some of the types of on-the-job injuries that may be covered include: head trauma, spinal cord injuries, amputation, burns, eye injuries, carpal tunnel syndrome, hearing loss, joint injuries, broken bones, lacerations, and internal organ damage.<\/p>\n In New York, an injured worker may be entitled to medical care and cash benefits. Cash benefits are calculated by taking two-thirds of the worker\u2019s average weekly wage and multiplying it by the percentage of his or her disability. If a worker earned $600 per week and was 50 percent disabled, for example, he or she may be entitled to $200 in weekly cash benefits. If the same worker was 100 percent disabled, he or she would be entitled to $400 in weekly cash benefits. There are also benefits provided for family members who have lost a loved one in a fatal workplace accident and these may include weekly cash benefits as well as burial and funeral expenses.<\/p>\n![\"unidentifiable](\"https:\/\/www.napolilaw.com\/wp-content\/uploads\/2022\/06\/construction-worker.jpg\")
Some employees must file with the federal government and others through their state government. Because workers\u2019 compensation laws vary across the country, this can make a workers\u2019 compensation claim exceedingly complicated. Employees who suffer a work-related injury or develop an occupational disease while employed by a local government, state government, or private company must file a workers\u2019 compensation claim through their state workers\u2019 compensation board. In contrast, the U.S. Department of Labor administers workers\u2019 compensation programs for federal employees through the Federal Employees\u2019 Compensation Program, the Energy Employees Occupational Illness Compensation Program, Longshore and Harbor Workers\u2019 Compensation Program, and the coal miners\u2019 Black Lung Benefits Program.3![\"\"](\"https:\/\/www.napolilaw.com\/wp-content\/uploads\/2017\/02\/NYPAdBanner300x600-Construction.gif\")
<\/a><\/sup><\/p>\n![\"building](\"https:\/\/www.napolilaw.com\/wp-content\/uploads\/2022\/06\/construction-site.jpg\")
When you file a workers\u2019 compensation claim, you are filing a claim against your employer\u2019s insurance company. While some injuries from workplace accidents may be simple to prove, that may not be the case with others, especially cases of occupational disease such as cancer. The insurance company may deny the workers\u2019 compensation claim even though you are out of work and need the money desperately to support your family. You have the right to appeal the insurance company\u2019s denial to the Workers\u2019 Compensation Board. The insurance company has its own attorneys. Therefore, you should have a workers\u2019 comp attorney on your side.<\/p>\nNew York Workers\u2019 Compensation Information Center<\/h2>\n
Concrete Burns<\/a><\/h3>\n
Denied Workers\u2019 Comp Claims<\/a><\/h3>\n
Diesel Exhaust Exposure<\/a><\/h3>\n
How to File a Claim<\/a><\/h3>\n
![\"When](\"https:\/\/www.napolilaw.com\/wp-content\/uploads\/2022\/06\/hero-construction.jpg\")
<\/p>\nInjured at Work? What To Do.<\/a><\/h3>\n
Occupational Diseases<\/a><\/h3>\n
Types of Work Accidents<\/a><\/h3>\n
Work Injuries & Illnesses<\/a><\/h3>\n
Workers\u2019 Comp Benefits<\/a><\/h3>\n
Workers\u2019 Comp FAQ<\/a><\/h3>\n