Have you suffered a work-related injury in New York?
Employers carry an insurance policy that provides wage replacement, medical care and in some cases death benefits in the event an employee suffers a work related injury, occupational disease or death. To recover benefits from the employer’s insurance company, the employee or their family must file a workers’ compensation claim.1A workers’ compensation claim usually pays a disabled employee with a work related injury or occupational disease two-thirds of their usual salary for the duration of their disability. Employees with dependents or permanent work related injury or occupational disease might receive more.2
Some employees must file through the federal government and others through their state government, and that workers’ compensation laws vary across the country. This can make a workers’ compensation claim exceedingly complicated. Employees who suffer a work related injury or develop an occupational disease while employed by local government, state government or private company must file a workers’ compensation claim through their state workers’ compensation board. In contrast, the U.S. Department of Labor administers workers’ compensation programs for federal employees through the Federal Employees’ Compensation Program, the Energy Employees Occupational Illness Compensation Program, Longshore and Harbor Workers’ Compensation Program and coal miners’ Black Lung Benefits Program.3
Without knowing how to navigate the workers’ 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’ 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’ compensation are required to submit periodical medical reports to, usually every ninety days.
Federal or individual state workers’ 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’ 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.
Let a workers’ compensation attorney from our firm fight to ensure you receive your due benefits.
Your injury or illness may make compiling the paperwork for a workers’ compensation claim difficult. The process can be complicated and workers’ compensation laws are constantly changing. While some employees represent themselves in these claims, you have the right to have a workers’ compensation attorney help you. Only a workers’ compensation attorney will know how to advise you during your claim and protect your valuable legal rights.
When you file a workers’ compensation claim, you are filing a claim against your employer’s 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’ 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’s denial to the Workers’ Compensation Board. The insurance company has its own attorneys. You should have a workers’ compensation attorney on your side.
New York Workers’ Compensation Information Center
Feel free to review the following topics to learn more about workers’ comp in New York:
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 firm handles workers’ compensation claims related to concrete burns and other injuries and even has a secure database to track workers’ exposure and injuries in order to help with future litigation.
Denied Workers’ Comp Claims
The majority of workers’ 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’ Compensation Law Judge and to then file an appeal with the New York State Workers’ Compensation Board. There are several steps that can be taken when appealing a denied claim; our attorneys are familiar with all of these and will take whatever appropriate measures are needed to dispute a denied claim.
Diesel Exhaust Exposure
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 headache 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.
How to File a Claim
There are different ways a worker can file a claim for workers’ compensation benefits in New York. A worker will need to fill out a specific form from the NYS Workers’ Compensation Board, which can be done online, over the phone or via mail. This section of our website provides helpful insight on how to file a claim, including how an attorney can help.
Injured at Work? What To Do.
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’ compensation claim, which must be done within two years. By following several simple steps, you can protect your right to benefits.
The New York workers’ compensation system offers benefits for employees who have been disabled by occupational diseases. Occupational diseases include various medical conditions caused by one’s work environment or the duties associated with one’s job. Workers in certain fields, for example, may be exposed to asbestos, benzene, pesticides or other harmful substances. They may be covered by workers’ 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.
Types of Work Accidents
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’ 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’ compensation benefits are provided on a no-fault basis, meaning a claimant does not need to prove another’s fault to be eligible for compensation.
Work Injuries & Illnesses
Virtually all kinds of work injuries and illnesses are covered by workers’ 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.
Workers’ Comp Benefits
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’s average weekly wage and multiplying it by the percentage of his or her disability. If a worker earned $600 per week and was 50% disabled, for example, he or she may be entitled to $200 in weekly cash benefits. If the same worker was 100% 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/funeral expenses.
Workers’ Comp FAQ
When dealing with the aftermath of a work-related injury, it is natural to have questions. We have provided some helpful answers to frequently asked questions about New York workers’ compensation claims. We also advise those seeking information to contact our offices if they have additional questions or are interested in talking to someone who can address their unique concerns.
What type of work related injury does a workers’ compensation claim cover?
Work related injuries occur from many different types of workplace accident, including falls, heavy lifting, falling items from warehouse or store shelves, or accidents with forklifts, heavy machinery, vehicles or equipment. Some work related injuries that may be eligible for a workers’ compensation claim include:
- Neck and back injury
- Heart attack related to exertion
- Eye injury or blindness
- Broken bones
- Joint injury
- Traumatic brain injury
- Crush or impact injury
- Nerve damage
- Scars or disfigurement
Schedule of loss of use for injury to limbs, eyes, ears or face
Employees who suffer a work related injury to their limbs, eyes, ears or face may be entitled to file a workers’ compensation claim even if they did not miss any work. The Schedule will determine the amount of a monetary award based upon the percentage of loss of use of the body part.
What is an occupational disease?
An occupational disease is a medical condition directly attributed to exposure in the workplace. Some examples of occupational disease include those that result from:
- Exposure to chemicals, toxins, radiation, metals, biological hazards or particulate matter, including Mesothelioma, Asbestosis, Chronic Obstructive Pulmonary Disease, Cancers, Dermatitis, Infectious Diseases, Lead Poisoning, Post Traumatic Stress Disorder, Cataracts and more than 200 other known occupational disease conditions4
- Repetitive motion or strain, including musculoskeletal disorders such as Carpal Tunnel Syndrome, Trigger Finger/Thumb, Tendonitis/Tenosynovitis, Bursitis or knee damage
- Industrial noise exposure causing hearing loss
View more workers’ comp questions and answers here.
Workers’ compensation death benefits
If an employee dies in the course of employment, the employee’s widow, children or estate may file a workers’ compensation claim for funeral expenses and death benefits. If eligible, the widow may receive benefits until death or remarriage. Children may receive benefits until age eighteen, or later if enrolled in school. If the employee has no living widow or child, a workers’ compensation claim may pay a lump sum to the employee’s estate.
Contact a New York workers’ compensation attorney from our firm.
You can have a New York injury attorney from our firm review your workers’ compensation claim in a free consultation. You have nothing to lose and there is no obligation. Our firm has been legally assisting those who have sustained work injuries for years. You can trust our firm to deliver top-quality legal assistance so that you get the maximum compensation possible.
Contact a New York workers’ compensation lawyer from our firm today!
2 Cornell University Law School. (n.d.). Workers Compensaton. Retrieved January 18, 2012, from Legal Information Institute:http://www.law.cornell.edu/wex/Workers_compensation
3 United States Department of Labor. (n.d.). Workers’ Compensation. Retrieved January 18, 2012, from Workers’ Compensation:http://www.dol.gov/dol/topic/workcomp/index.htm
4 Brown M.D., M. J. (2011, October). Major Disease Category. Retrieved January 18, 2012, from Haz-Map Occupational Exposure to Hazardous Agents: http://hazmap.nlm.nih.gov/index.html