As a school janitor in New York City, you encounter dangerous job conditions like slippery floors, heavy lifting, and exposure to chemicals. If you get injured or sick due to your work-related duties, you’re eligible for Workers’ Compensation benefits under New York State law.
However, managing your claim can be complicated, especially in schools under the city’s self-insured system. Our school janitors’ Workers’ Compensation lawyers in New York City will work to ensure you receive the full benefits you’re entitled to by law.
At O’Connor Law, we have secured over $25 million in non–medical benefits for injured workers. The insurance company has a legal team. Why don’t you? Call today to schedule a free case review and find out how our New York City Workers’ Compensation lawyers can help.
What Are Workers’ Compensation Benefits in New York?
Workers’ Compensation insurance in New York is designed to support employees who suffer work-related injuries or occupational diseases. The New York State Workers’ Compensation Board administers the program, and most employers are legally required to carry coverage.
Workers’ Compensation benefits may include:
- Medical Coverage: Includes essential treatments such as doctor visits, hospital stays, surgery, and physical therapy.
- Wage Replacement: Injured workers may receive up to two-thirds of their average weekly wage, a figure calculated based on earnings from the 52 weeks before their injury, and adjusted based on their level of disability.
- Disability Benefits: May be granted when a permanent injury, like losing a limb, results in a lasting impairment that affects your overall physical capacity and ability to work.
- Death Benefits: Dependents may get compensation for funeral expenses and ongoing financial support after a work-related fatality.
Workers’ Compensation for New York City public school employees is unique due to the city’s self-insured system. Claims for a work-related injury can involve added bureaucracy, unions, and civil service protections that you may not need to deal with in the private sector.
How Can a Workers’ Compensation Lawyer Help?
Although no law requires you to have an attorney to file a Workers’ Compensation claim, it’s always a good idea to consult with a lawyer if you’re hurt on the job. Our Workers’ Compensation attorneys in New York City can advise you throughout the claims process.
If you’re injured at work, you must inform your employer within 30 days. Make your statement in writing, not verbally, and complete an incident report provided by your employer. Retain copies of your statement to your employer and any other forms or documents related to your claim.
The next step is to file a claim with the Workers’ Compensation Board using Form C-3. To protect your legal rights, you must do this within two years of the injury. For repetitive stress injuries, you have two years from the date you knew or should have known about the injury.
New York City School Janitors’ Workers’ Compensation Lawyer Near Me (914) 595-4502
What Rights Do I Have for My Care?
Your employer or their insurance provider may assign a case manager to your claim. You have the right to refuse their help, and you are not required to speak with them. Our attorneys can interact with the insurer on your behalf.
You do not need to accept help from a care coordinator or nurse case manager who offers to attend your appointments with you. You have the right to see any doctor you choose, as long as they accept New York State Workers’ Compensation Insurance.
Tell your medical team about all of your injuries, even if they seem minor. You do not need to pay for your work-injury-related medical care, and you don’t need to provide an alternative payment source even if the doctor’s office requests one.
What if My Employer Still Wants Me to Work?
New York law protects employees from retaliation for filing a Workers’ Compensation claim. If you’re pressured to go back to work before you’re medically cleared, or if your employer refuses to accommodate restrictions, our attorneys can step in to defend your rights.
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What if My Workers’ Compensation Claim Is Denied?
If your claim is denied, the Worker’s Compensation Board has processes for issue resolution. It’s important to get legal representation if you haven’t already. You can request a hearing before a Workers’ Compensation Law Judge, where you may present new documentation.
If the judge’s ruling is unfavorable, you may file an administrative appeal to a three-member Board Panel. Further appeals go through the Appellate Division and potentially to the Court of Appeals.
Each level has its own procedures and deadlines. Our New York City school janitors’ Workers’ Compensation lawyers can represent you throughout the process.
Contact a School Janitors’ Workers’ Compensation Attorney in New York City
School janitors in New York City often face demanding physical tasks that can result in injuries. While Workers’ Compensation benefits can assist with medical expenses and lost wages if you’re hurt at work, the claims process can be confusing and challenging.
Once you’ve filed your claim, your employer and their insurer may delay, dispute, or deny your right to benefits. When they do, our school janitors’ Workers’ Compensation attorneys in New York City can protect your rights and help you get the full benefits you deserve.
Our team at O’Connor Law has over 35 years of combined experience standing up for injured workers in New York City. If you have experienced a work-related injury, contact us today for a free case review and tell us what happened.
