New York Workers Compensation Lawyers
We are experienced workers' compensation lawyers who help people find the right lawyer for their situation. If you would like our help please contact us at (800) 807-9530.
In New York, if you are injured at work or become ill because of your job, your case will be handled by the Workers’ Compensation Board. The workers’ compensation system in New York covers all injuries and illnesses “arising out of and in the course of employment.” In other words, your condition must be caused by or related to your job.
Eligible injuries include repetitive-stress conditions such as a shoulder sprain from continuous heavy lifting, and isolated incidents like a chemical burn. Occupational illnesses also are covered by New York workers’ compensation law. Work-related illnesses can be caused by exposure to fumes or by breathing harmful dust from a manufacturing process.
New York is a no-fault state, which means that benefits are available regardless of who was at fault for the injury. Even if your carelessness, or the carelessness of your employer, led to your injury, it will not affect your benefits. However, if you got hurt at work because you were intoxicated, your benefits will be barred. You also lose rights to benefits if the injury was intentional. In most cases, you cannot sue your employer for negligence.
In New York, there are two main types of benefits for injured workers:
- Medical benefits: Workers will receive all necessary medical care related to their injury or illness. As long as your claim is not denied by the Board, there should be no out-of-pocket costs for the employee. The doctor treating the injury or illness must be approved by the Workers’ Compensation Board.
- Disability payments: Workers who are unable to work for more than seven days are entitled to disability benefits. The rate of benefits, for either total or partial disability, is based on the employee’s average weekly wage and the percentage of their disability. Generally, the amount is 2/3 of the average weekly wage multiplied by the percentage of disability. There is a weekly maximum set by New York law.
If you are injured on the job, we recommend consulting with a work-injury lawyer who is experienced in helping workers get their benefits. In our opinion, the best work-injury lawyers are those who focus their practice exclusively on workers’ compensation.
New York work-injury attorneys are paid on a contingency basis. If your case is successful, your lawyer will get a percentage of what you recover. If you get nothing, you pay nothing. The fees charged by work-injury attorneys are generally between 10% and 20%, and they must be approved by the Board on a case-by-case basis.
To give your case the best chance of success, it is important to know the deadlines. You must notify your employer, in writing, within 30 days of your injury. Failure to do so may cause your claim to be denied. If your injury is an occupational illness, the deadline is two years from when you knew, or should have known, that the illness was work related.
In addition, you have two years to file your claim with the Workers’ Compensation Board. To file your claim you must complete the Employee Claim form (C-3).
A worker’s compensation case is not a lawsuit, it is a claim for benefits much like a claim you might file with your health insurance provider. However, work-injury claims tend to be more complicated than the typical health insurance claim. We believe that hiring an attorney to represent you will give you the best chance at success.
A work-injury attorney can help you meet the deadlines for notifying your employer of your injury and filing your claim with the Workers’ Compensation Board, as well as answer all the questions you’re sure to have. And if your claim is denied or your benefits have been terminated, a good attorney can act quickly to make sure you are fully compensated for your injury.
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