Injuries on the job can significantly impact your life. Your injuries may force you to take time off work for recovery or you may never be able to return to work again.
The financial worries of lost income and medical bills can quickly become overwhelming. A Brooklyn workers’ compensation lawyer can help you manage the complex process of recovering the compensation you deserve.
At O’Connor Law, we believe workers deserve dedicated and compassionate legal service. The insurance company has a legal team, so why don’t you?
If you have been injured at work, we’ll fight for you to receive fair compensation for what you have gone through. Contact us today for a free consultation about your case.
What Is Workers’ Compensation and What does It Cover?
The state of New York has comprehensive workers’ compensation laws that protect both employers and their employees in the event of a job-related illness or injury.
In general, employers with more than one employee must carry workers’ compensation insurance, which provides financial compensation to injured employees.
Workers’ compensation insurance typically covers any illness or injury that is related to your job. This can include repetitive stress injuries such as carpal tunnel syndrome or a rotator cuff tear, as well as single-event injuries like broken bones, concussions, spinal cord damage, lacerations, burns, and more. Exposure to hazardous substances that cause disease may also qualify for workers’ compensation.
Workers’ compensation typically covers:
- Necessary medical expenses to treat the injury or illness
- Temporary payments to replace lost wages while the employee receives treatment and recovers
- Compensation for permanent effects or disability from the injury
- Death benefits
However, limitations may apply. For example:
- If your injury causes you to miss fewer than seven days of work, you are not eligible for lost wage payments.
- Lost wage payments, whether for a temporary injury or a permanent disability, can be up to two–thirds of an employee’s weekly wages, but as of July 2024, the maximum compensation you can receive is $1,171.46 per week.
- For disability or permanent injury payments, there is typically a set length of time payments will be sent, which depends on the severity of the disability and other factors.
- Medically necessary treatment is typically covered; however, you generally can only see doctors who accept NYS workers’ comp insurance.
- The amount of death benefits depends on the eligible surviving family member(s). Spouses or children receive lost wage payments, as described above, for a set amount of time. However, if there is no spouse or children, then parents (or an estate) are only eligible to receive a payment of $50,000.
Our New York workers’ comp attorneys are familiar with the nuances of workers’ compensation claims, and we can help you address any limitations you may encounter. Contact us to learn more about us and how we will advocate for your right to benefits when challenges arise.
How Can a Brooklyn Workers’ Compensation Lawyer Help You?
In an ideal world, every workers’ compensation claim would settle quickly so injured workers get the help they need as soon as possible. However, many insurance companies may try to give you less than you deserve. A workers’ compensation lawyer will fight for you to get the maximum compensation that you are eligible for.
At O’Connor Law, our lawyers will support you throughout the claims process to advocate for your rights. We can:
- Fill out necessary forms promptly and correctly
- Communicate with insurers and the Board
- Gather evidence to support your claim
- Negotiate for a fair settlement on your behalf
- Go through the appeals process if your claim is denied
- Guide you through any settlement offers from the insurance company
- If your claim is denied, a lawyer can appeal this decision or take your case to court if necessary
With over 35 years of experience and having handled over 100,000 cases, we bring absolute professionalism and empathy to every client we represent. From keeping you updated on the status of your claim, to addressing your concerns as soon as they come up, we are there for you every step of the way.
Contact O’Connor Law to get started on your workers’ compensation claim right away.
Brooklyn Workers' Compensation Lawyer Near Me (914) 595-4502
What Is the Process for Getting Workers’ Compensation in Brooklyn?
Injuries or illnesses can disrupt your day-to-day life and may leave you feeling disoriented or overwhelmed, but there are a few steps you and your lawyer will need to take to receive your workers’ compensation benefits.
Notify Your Employer
After an injury or illness occurs, you have 30 days to notify your employer of the injury. You should notify them in writing, so you have a chain of correspondence proving that you notified them.
When you initially notify them, provide as much information about your accident and injury or illness as possible. If you saw the doctor already and have an official diagnosis, include this information.
Seek Medical Care
If you have not seen a doctor, do so as soon as possible. A doctor will run diagnostic exams to assess the extent of your injuries. They will also come up with a treatment plan so that you are better prepared for your path to recovery.
File an Official Claim
Once you have notified your employer, you will need to file an official claim with your workers’ compensation insurance company. Your claim should include as much evidence to support your claim as possible. A workers’ compensation attorney in Brooklyn can help you file your claim with sufficient supporting details and evidence.
It’s important to note that under N.Y. Workers’ Comp. Law § 28, you typically only have two years in which you can file to recover workers’ compensation for an illness, injury, or death. Contact a Brooklyn workers’ compensation lawyer immediately following a job-related incident to get started on your claim right away.
Common Workplace Accidents Leading to Workers’ Compensation Claims
While a workplace injury can occur at any time and in any workplace, there are some accidents that are more common than others.
Some of these common workplace accidents include:
- Slips, trips, and falls
- A moving object striking a worker
- Being crushed or pressed by equipment
- Electrical shocks
- Collapsing structures, equipment, or materials
- Exposure to harmful substances
- Overexertion
- Fires
- Transportation accidents
There are ways to practice better safety in the workplace. Employers should follow best practices such as analyzing the workplace for possible hazards and ensuring they are addressed promptly, training employees in safety standards, and ensuring that the workplace complies with all safety standards.
It’s important to note, though, that a worker does not need to prove negligence or insufficient safety practices at their workplace to receive workers’ compensation benefits.
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Contact a Brooklyn Workers’ Compensation Lawyer Today
If you or a loved one suffered a workplace injury, we are deeply sorry for the pain and stress that you are experiencing. Injuries can prevent you from living your life the way you are used to, and medical expenses and income losses can quickly become overwhelming. One of our Brooklyn workers’ comp attorneys can help.
At O’Connor Law, we will support you throughout the entirety of your claims process. We will fight for you to receive fair compensation, not just the first offer given by an insurance company that just wants to quickly settle your claim. Contact us today for a free consultation about your claim.
