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Workers Compensation Lawyers serving Queens, NY
New York Work Related Accidents
Assisting Clients in Flushing, Queens, Brooklyn, the Bronx and Long Island
If you are injured at work or suffer from a work related injury, under New York law you are entitled to receive compensation for medical treatment and lost wages. Such compensation is called workers compensation.
Virtually all employers in New York are required by law to carry workers compensation insurance for their employees, including employers of domestic workers who work 40 or more hours per week. The insurance covers expenses for the employee’s injuries and lost wages, regardless of who was at fault for the injury. In return for receiving compensation, the worker cannot sue his employer for damages. However, if a third party is liable for the injury, the employee can hire an attorney and sue the third party, in addition to collecting workers compensation. An example would be suing a third party manufacturer of defective equipment that resulted in the employee’s work injury.
Reasons to Hire Workers Compensation Lawyers
In an ideal world, an injured worker would be able to collect workers compensation without any challenges, and in some cases this occurs. However, it is also common for employers and their insurance companies to dispute claims. A workplace injury lawyer can assist you in countering the dispute so you can obtain the compensation to which you are entitled by law.
What Challenges Do Workers Often Face?
The judge may call for a hearing to adjudicate the claim and hear reports from both sides in the workers comp case. Challenges made by employers and insurance companies often include:
- The employer alleges that the worker’s injury did not occur in the workplace or that it was not work related.
- The employer argues that the injury was not sufficient to keep the employee from continuing to work.
- The insurance company argues that the injury was less extensive than the worker’s doctor evaluated and wants to use a doctor of the insurance company’s own choosing to evaluate the worker’s injury.
Typically, employers and insurance companies have their attorneys present at a hearing to support their dispute to your claim. It is wise to have your own counsel at the hearing as well to stand up for your rights. Experienced workers compensation lawyers understand the nuances of New York law and are skilled at recovering compensation for their clients.
What Types of Work Injuries Does Workers Compensation Cover?
An employee’s ability to recover lost wages is based on the extent of the disability that resulted from the work injury. Based on a doctor’s medical evaluation, work injuries fall into one of four categories:
- Temporary Total Disability. There is total loss of the injured worker’s ability to work, but the disability is temporary.
- Temporary Partial Disability. There is a partial loss of wage earning capacity but the disability is temporary.
- Permanent Total Disability. The worker’s wage-earning capacity is totally and permanently lost.
- Permanent Partial Disability. Part of the worker’s wage-earning capacity is totally lost. Once the employee reaches maximum medical improvement (MMI), the severity of the disability is determined.
Another benefit you may be eligible to recover is a reduced earnings benefit. If you return to work but your injury prevents you from earning what you had earned prior to the injury, you may be entitled to a reduced earnings benefit. This benefit makes up two-thirds of the difference between what you made previously and what you currently make.
Get Legal Help with Your Claim
If you are facing disputes or uncertainties about recovering workers compensation, find out how we can help. Our attorneys at Sackstein Sackstein & Lee, LLP will explain your rights to receive benefits and discuss the best approach to deal with your claim.
Call us toll free at 888.519.6400, or contact us in Garden City at 516.248.2234, or in Flushing-Queens at 718.539.3100. You can also fill in our contact form, and we will get in touch with you.
We know you take your injury seriously, and so do we.
Find out how we can help.
With offices throughout New York City and Long Island the personal injury attorneys at Sackstein Sackstein & Lee, LLP, assist accident victims throughout New York, including the cities of Manhattan (NYC), Brooklyn, Bronx, Queens, Flushing, Bayside, College Point, Jamaica, Jackson Heights, Elmhurst, Corona, Long Island City, Elmont, Forest Hills, Ozone Park, Springfield Gardens, Rosedale, Laurelton, Hollis, Ridgewood, Nassau, Hempstead, Elmont, Mineola, Freeport, Garden City, Uniondale, Westbury, Roosevelt, East Meadow, Levittown, Franklin Square, New Hyde Park, Williston Park, Valley Stream, as well as the communities in and around Nassau County and Suffolk County.