If you’ve been injured in a workplace accident, you are likely to be dealing with pain on top of stressful questions about what comes next. Questions like: Will I be able to afford the medical treatment I need? and Can my family cope without my income while I’m recovering?
A Larchmont workers’ compensation lawyer can help you understand your rights as a worker and what benefits you may be entitled to after a job-related injury or illness.
Accessing your workers’ compensation benefits and ensuring you get the full amount you qualify for can be complicated. But at O’Connor Law, we’re familiar with insurance companies‘ tactics and ready to advocate for your rights. Contact us today for a free case review.
How Can a Larchmont Workers Compensation Attorney Help You?
Injuries are overwhelming on their own, but having to deal with complicated workers’ compensation claim processes and paperwork on top of an injury only adds to the frustration.
Insurance companies may try to delay a settlement, leaving you scrambling to cover your bills in the meantime, or they may offer the least amount possible in the hope you’ll settle for less than you deserve. One of our Larchmont workers’ compensation lawyers can help.
We have a 10 out of 10 AVVO rating and a 4.9 average rating on Google. We know that this praise comes with a duty to our clients. Our goal is always to provide compassionate and dedicated legal representation to the workers of New York.
We’re everyday lawyers for everyday people, and we’re not afraid to fight for you, even against big insurance companies. Our lawyers can:
- Investigate your accident and collect evidence to support your claim
- File an official workers’ compensation claim on your behalf
- Communicate with insurance adjusters
- Negotiate for a fair settlement
- Represent you in court
What Compensation Is Available for Workers in Larchmont?
In New York, most businesses must carry workers’ compensation insurance if they have more than one employee. Workers’ compensation insurance provides benefits to employees who are injured on the job or become ill due to work-related exposures.
Workers’ compensation covers the following benefits:
Medical Expenses
Medically necessary care for your illness or injury is typically covered, including care for medical, dental, optometry, surgical, medications, and mobility-assistance devices.
Please note that the workers’ compensation doctor (or doctors) treating you must be authorized to provide care to injured workers by the Workers’ Compensation Board.
Lost Wages
If you need to miss more than seven days of work or your injury requires you to reduce your hours, then you are eligible to recover lost wages. However, the amount you can recover is limited to two-thirds of your wages up to a maximum of $1,171.46 per week.
You can start receiving lost wage benefits after 7 days of lost time from work.
In addition to lost wages when you cannot work, if you can return to work at a limited or reduced capacity, you can still receive benefits for any difference in your wages compared to when you were working without any impairment. This benefit can be applied to a maximum of up to two-thirds of the difference between your prior-injury wages and your post-injury wages.
If your injury has caused a permanent disability, you may also be eligible for disability benefits. The amount of benefits you are eligible for will depend on whether you have a partial or total disability as defined by the Workers’ Compensation Law.
Survivor Benefits
If a loved one passed away due to a workplace injury or illness, then you may be eligible to receive survivor benefits. If you are a surviving spouse or child of the worker, then you may qualify to receive weekly wage benefits that are two-thirds of your loved one’s wage. These are capped at a maximum amount.
Additionally, survivor benefits also cover funeral expenses. In Westchester County, survivors can recover up to $12,500 for funeral expenses.
If there is no spouse or child, the workers’ parents or estate may be eligible to receive a one-time payment of $50,000.
How Quickly Are Benefits Paid Out?
In New York, insurers should begin paying out benefits on accepted claims within 18 days of the injury, illness, or death being reported.
Larchmont Larchmont Workers’ Compensation Lawyer Near Me 914-595-4502
What Should You Do After a Workplace Injury?
If you have been injured in an accident at work, there are a few steps you will need to take to make your workers’ compensation claim go as smoothly as possible.
These steps are:
- Report the Injury: You should report the injury to your employer as soon as possible. In New York, you generally only have 30 days to inform your employer about an injury or illness. When informing your employer, do so in writing so you have a record of the notification.
- Seek Medical Attention: A doctor will be able to properly diagnose your injury, assess you for additional injuries, and create a treatment plan. Their medical report is also important evidence for your workers’ compensation claim.
- Document Your Injuries: If you can, document your injuries and the accident. Take photos of your injuries and note any co-workers or supervisors who witnessed your accident.
- File Your Claim: Finally, file your official claim once you have reported the incident and seen a doctor. You will need to be as detailed as possible and include as much evidence supporting your claim as you have available. A Larchmont workers’ comp attorney can help you file everything to the Board.
A Larchmont Workers’ Comp Attorney Can Address Challenges to Your Claim
In New York, the insurance company typically investigates workers’ compensation claims. This investigation checks for accuracy in your claim and may include a medical review of the severity of your injuries.
A Larchmont workers’ comp attorney can guide you through the investigation process, ensuring you remain compliant. They can also investigate and document the incident on your behalf for any appeals needed after the investigation is completed. Here are some things your attorney can do:
- Interview witnesses
- Review the incident report from the accident
- File an appeal on your behalf
- Negotiate with the insurance carrier
Is There a Statute of Limitations on Workers’ Compensation?
Yes, under N.Y. Workers’ Comp. Law § 28, you generally only have two years in which you can recover workers’ compensation benefits after an injury, illness, or death.
Contact O’Connor Law to get started on your workers’ compensation case as soon as possible.
Let a Larchmont Workers’ Compensation Attorney Advocate for Your Rights
When accidents happen, they can leave you feeling powerless. You may be dealing with intense physical pain and emotional trauma, and feel the helplessness of financial pressures.
Navigating the complicated insurance process may be the last thing you want to do. Our workers’ compensation lawyers will take on your claim for you. We will fight for your rights and advocate for the maximum compensation that you are eligible for.
If you’ve been injured, contact O’Connor Law. We’re on your side, and we know the tactics insurance companies may try to use against you. Call us today for a free case review.
