New York Workers’ Compensation Attorney

Workers’ Compensation

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Get Legal Representation from the Top Workers’ Compensation Attorneys in New York at Shalom Law

Injuries in the workplace can have a profound impact on employees and their families, resulting in lost wages, medical bills, and long-term health issues. Workers’ compensation is designed to provide financial relief and medical benefits to workers injured on the job. Whether you are employed in New York City or Long Island, the process of filing a workers’ compensation claim can be complex and overwhelming.

At Shalom Law, our experienced workers’ compensation attorneys in New York, are dedicated to guiding you through this process and ensuring you receive the benefits you deserve. Serving clients across Queens, Brooklyn, Bronx, Manhattan, Staten Island, Nassau County, Suffolk County, and parts of Upstate New York, we provide personalized and effective legal representation.

Workers Compensation Attorney Queens NY

Facts and Statistics about Workers’ Compensation

According to the Bureau of Labor Statistics (BLS), millions of workers suffer job-related injuries or illnesses each year. In New York, workers’ compensation claims are common across various industries, highlighting the need for strong legal support to navigate the system and secure rightful benefits.

  • High Incidence Rates: Construction, manufacturing, and healthcare are among the industries with the highest rates of workplace injuries.
  • Range of Benefits: Workers’ compensation provides benefits such as medical expenses, rehabilitation costs, and lost wages.
  • Legal Protections: Workers are entitled to benefits regardless of fault, ensuring they receive support while recovering from their injuries.

Coverage and Eligibility Criteria in New York City and Long Island

To qualify for workers’ compensation in New York City’s boroughs and Long Island, you must be an employee who has suffered a work-related injury or illness. Independent contractors, volunteers, and other non-employee workers typically are not eligible. It is crucial to understand your eligibility and the benefits available to you. Missing out on benefits due to paperwork errors or technical issues is something you want to avoid. Contact the Workers’ Compensation attorneys at Shalom Law as soon as you experience ay kind of workplace injury or illness.

Types of Workers’ Compensation Benefits

  • Medical Benefits
    Workers’ compensation covers all necessary medical treatments for work-related injuries or illnesses, including doctor visits, hospital stays, medications, and medical equipment.
  • Wage Replacement Benefits
    If your injury or illness prevents you from working, you may receive a portion of your lost wages. The amount you receive depends on the severity of your injury and your average salary.
  • Permanent Disability Benefits
    If your injury results in a permanent disability, you may be entitled to additional benefits. The amount depends on the nature and extent of your disability.
  • Vocational Rehabilitation
    If you are unable to return to your previous job, workers’ compensation may cover vocational rehabilitation, including training for a new position that accommodates your disability.
  • Death Benefits
    If a worker dies due to a work-related incident, their family may receive death benefits, which include a portion of the worker’s wages and funeral expenses.

Types of Injuries and Illnesses Covered

  • Physical Injuries
    Injuries resulting from workplace accidents or repetitive tasks, such as back injuries or carpal tunnel syndrome, are covered.
  • Occupational Diseases
    Illnesses caused by working conditions, such as respiratory issues from exposure to harmful substances, are eligible for compensation.
  • Mental Health Conditions
    Work-related stress or trauma that leads to mental health issues is covered under New York State Law.
  • Vision Impairment
    Eye injuries or vision problems caused by work activities are covered, as these impairments can significantly affect your ability to work.
  • Hearing Loss
    Exposure to loud noises in the workplace can cause hearing loss, which is considered a compensable condition.

Common Causes of Workplace Accidents

Slip and Falls

Machinery Accidents

  • Equipment Malfunction: Faulty machinery can cause serious injuries.
  • Lack of Training: Inadequate training on machinery use can result in accidents.

Repetitive Stress Injuries

  • Repetitive Tasks: Tasks that require repetitive motion can lead to long-term injuries.
  • Poor Ergonomics: Workstations that are not ergonomically designed can contribute to stress injuries.

Exposure to Hazardous Substances

  • Chemical Exposure: Handling toxic chemicals without proper safety measures can cause health issues.
  • Asbestos: Exposure to asbestos can lead to serious respiratory illnesses.

Falling Objects

  • Unsecured Items: Items not properly secured can fall and injure workers on the job.
  • Improper Storage: Incorrect storage of materials can result in accidents.

Common Issues and Challenges in Workers’ Compensation Cases

Claim Denials

  • Insufficient Documentation: Claims can be denied due to a lack of proper medical documentation or evidence supporting the injury.
  • Disputed Injuries: Employers or insurance companies may dispute the extent of the injury or whether it is work-related.

Delays in Benefits

  • Processing Delays: Administrative delays can slow down the approval process and the disbursement of benefits.
  • Insurance Company Tactics: Insurers may delay payments to pressure claimants into accepting lower settlements.

Return to Work Issues

  • Premature Return: Pressure to return to work before fully recovering can lead to further injury or health complications.
  • Job Accommodation: Employers may fail to provide reasonable accommodations for workers returning after an injury.

Permanent Disability Disputes

  • Assessment Disputes: Disagreements over the severity of permanent disabilities and the appropriate level of benefits.
  • Vocational Rehabilitation: Challenges in obtaining vocational rehabilitation services or retraining opportunities.

Appeals Process

  • Complex Procedures: Navigating the appeals process for denied claims can be complicated and time-consuming.
  • Legal Representation: Lack of legal representation can hinder a worker’s ability to successfully appeal a denied claim. Therefore it’s important to seek out a reputable workers’ compensaton attorney such as the professionals at Shalom Law as soon as you decide to file a claim.

Steps to Take if You Are Injured at Work

Seek Medical Attention

  • Immediate Care: Get medical help right away for any injuries. Even if the injury seems minor, it’s important to have it documented.

Report the Injury

  • Notify Your Employer: Inform your employer about the accident as soon as possible. This notification is crucial for starting the workers’ compensation process.

Document the Accident

  • Gather Evidence: Take photos of the accident scene, your injuries, and any equipment involved. Collect witness statements if possible and keep detailed records of your medical treatment.

File a Workers’ Compensation Claim

  • Submit a Claim: File a workers’ compensation claim with your employer’s insurance company to receive benefits.
  • Consult an Attorney: Contact Shalom Law for assistance with filing a claim and exploring other legal options.

How Shalom Law Can Help You

At Shalom Law, our dedicated workers’ compensation attorneys in New York, provide comprehensive legal support to injured workers. Here’s how we can assist you:

Thorough Investigation

  • Accident Analysis: We conduct a detailed investigation to determine the cause of the accident and ensure all relevant evidence is gathered.
  • Documentation: Our team helps you compile and organize necessary documentation, including medical records, accident reports, and witness statements.

Claims Management

  • Filing Assistance: We assist with filing your workers’ compensation claim to ensure all paperwork is completed accurately and submitted on time.
  • Appealing Denied Claims: If your claim is denied, we will help you navigate the appeals process to secure the benefits you deserve.

Aggressive Representation

  • Negotiating Settlements: Our attorneys are skilled negotiators who work to secure a fair settlement that covers all your economic and non-economic losses.
  • Court Advocacy: If a fair settlement cannot be reached, we are prepared to take your case to court and advocate vigorously on your behalf.

Ongoing Support and Communication

  • Client-Focused Approach: We prioritize keeping you informed and involved throughout the legal process, providing regular updates and answering your questions.
  • Compassionate Guidance: We understand the stress and uncertainty that come with a workplace injury and offer compassionate support every step of the way.

By choosing Shalom Law, you are choosing a top personal injury firm committed to achieving the best possible outcome for your case. Visit our Personal Injury Law page for more information on how we can assist you.

Practice Areas | Jonathan Shalom | Queens NY

Shalom Law Will Fight For You

A workplace injury can have a significant impact on your life, but you don’t have to navigate the aftermath alone. Shalom Law is here to provide the legal support and guidance you need. Our experienced workers’ compensation attorneys in New York, are dedicated to helping you secure the benefits you deserve and ensuring your rights are protected. Contact us today at (718) 971-9474 for a free consultation. Let us help you through this challenging time so you can focus on your recovery and getting back to work.

Workers’ Compensation FAQ

What should I do after a workplace accident?

Seek medical attention, report the injury to your employer, document the accident, gather evidence, and contact Shalom Law for legal assistance.

What types of benefits can I receive from workers' compensation?

Benefits can include medical expenses, lost wages, rehabilitation costs, and death benefits for the families of workers who die as a result of workplace injuries.

How long do I have to file a workers' compensation claim in New York?

In New York, you must report the injury to your employer within 30 days and file a workers’ compensation claim within two years of the date of the accident.

Can I sue my employer for a workplace injury?

In general, you cannot sue your employer if you are covered by workers’ compensation. However, you may be able to file a lawsuit against a third party whose negligence contributed to your injury.

What if my workers' compensation claim is denied?

If your claim is denied, you have the right to appeal the decision. Our attorneys can help you navigate the appeals process and ensure you receive the benefits you are entitled to.

Can I pursue additional compensation if a third party is responsible for my injury?

Yes. If a third party’s negligence contributed to your injury, you can file a third-party claim for additional compensation. Our attorneys can help identify all liable parties and pursue the maximum compensation available.

Can I still receive workers' compensation if I was partially at fault for the accident?

Yes. Because workers’ compensation is a no-fault system, you can receive benefits even if you were partially at fault for the accident. Our attorneys can help ensure you receive the benefits you are entitled to.

What are my rights if I am an undocumented worker and injured at work?

Undocumented workers have the right to pursue workers’ compensation benefits and other legal remedies. Your immigration status does not affect your eligibility for these benefits. Our attorneys can help protect your rights and ensure you receive the compensation you deserve.

How can Shalom Law help me with my workers' compensation claim?

Shalom Law will investigate the accident, gather evidence, handle all legal paperwork, negotiate settlements, and, if necessary, represent you in court. Our experienced attorneys will guide you through the process and fight for the justice and compensation you deserve.