In Brooklyn, employers are legally required to provide workers’ compensation insurance to all employees, regardless of their employment status or relation to the business owner. This insurance is provided at no cost to the employees.
Workers’ compensation insurance is designed to cover medical expenses and related costs for work-related injuries or illnesses. Additionally, it offers cash disability benefits for employees recovering from significant injuries or illnesses sustained in the workplace.
Eligibility for these benefits extends to any injury or illness “arising out of and in the course of employment” or as a result of job duties.
Despite the preventability of workplace injuries, they continue to occur, often due to employers overlooking safety measures or not adequately addressing hazards. Injuries can vary from minor to severe, potentially causing long-term absences from work or short-term disruptions.
The severity of an injury may determine the compensation an employee receives, which could include medical expenses and cash disability benefits. In tragic cases where an injury or illness results in death, families may be entitled to death benefits.
These benefits help cover funeral and burial costs and compensate for the deceased’s lost income. To understand the process better, contact our Workers’ Compensation Attorneys team.
The CEO Lawyer Personal Injury Law Firm is deeply integrated into the Brooklyn community, with team members residing locally. If you’ve suffered from a work-related injury or illness, contact us to ensure you receive the full benefits you deserve.
What Can You Expect From Our Brooklyn Workers Compensation Attorneys?
When managing the complexities of worker’s compensation in Brooklyn, having a skilled legal partner is important. Our Brooklyn Worker’s Compensation Lawyers team is dedicated to offering you the highest level of expertise and personalized service, ensuring that your journey through the legal process is as smooth and efficient as possible.
Our lawyers specialize in Brooklyn worker’s compensation laws, bringing years of experience and personalized attention to detail to every case. We recognize that no two cases are alike—each client has unique circumstances, medical needs, and financial concerns.
That’s why we provide individualized legal advice that aligns with your goals.
Our CEO Lawyer Personal Injury Law Firm lawyers have experience managing every important facet of your claim. We ensure that all paperwork is correctly completed and turned in on time to protect your rights and reduce the possibility of delays or denials.
Choosing our firm means receiving a thorough assessment of your case. We carefully evaluate your injuries, analyze the incident at your workplace, and consider the potential long-term impacts on your health and ability to work.
We understand the physical, emotional, and financial hardships that workplace injuries can impose. Our compassionate Brooklyn Workers Compensation Lawyers are committed to supporting you throughout this difficult time.
Our main goal is maximizing your recovery and securing compensation for medical expenses, lost earnings, vocational rehabilitation, and other benefits. We strive to provide peace of mind, enabling you to focus on your recovery.
How Can Our Brooklyn Workers’ Compensation Accident Law Firm Help You?
Brooklyn workers’ compensation lawyers fully understand the challenges you may face following a workplace accident. You and your family may suffer serious financial, emotional, and bodily consequences.
Furthermore, understanding Brooklyn workers’ compensation regulations can be challenging without expert guidance. You might also be eligible for a third-party personal injury claim if someone other than your employer is responsible for your injury.
The CEO Lawyer Personal Injury Law Firm’s attorneys have considerable experience managing these issues with insurance carriers.
Our Brooklyn personal injury law firm is ready to advocate for you in any Brooklyn courtroom, defending your interests and those of your family. Located in Atlanta, GA, our law office is ideally situated to assist Brooklyn residents seeking legal support.
We are proud of our experiences securing justice for injured workers and their families. We strive to deliver financial compensation quickly and maximize the awards they receive.
What Is Workers’ Compensation?
Workers’ compensation, often called worker’s comp, is a form of insurance providing financial aid to employees who suffer work-related injuries or illnesses. In Brooklyn, it is generally mandatory for employers to carry this insurance for their employees.
Eligibility for workers’ compensation hinges on the injury being sustained during employment. Qualified individuals may receive coverage for medical expenses related to the injury, a portion of their weekly income before the injury, and, in fatal cases, benefits to surviving family members.
This area of law falls under the broader category of personal injury law and can be intricate. Therefore, consulting with a seasoned attorney specializing in workers’ compensation Brooklyn can be crucial.
They can guide you through the legal nuances and help maximize the benefits you receive. Additionally, if a third party—not just your employer—is responsible for the injury, you might be entitled to additional compensation beyond the standard workers’ compensation benefits.
What Should You Do After a Brooklyn Work-Related Accident?
If you’ve experienced a workplace accident in Brooklyn, taking the proper steps can significantly affect the outcome of your workers’ compensation claim.
Here’s what you should do:
- Report the Incident Promptly: Inform your employer immediately about your injury or illness. Initially, you can do this verbally, but submit a written report within 30 days. This report should include your name, the date and time of the accident, the nature of your injury or illness, and the location of the incident.
- Seek Immediate Medical Attention: To counter any claims from insurance companies that the injury was pre-existing or did not occur at work, it’s important to get medical treatment immediately. Delaying medical care can give insurers a reason to deny your claim. Remember, some injuries might not show symptoms immediately, so it’s essential to consult a healthcare provider immediately.
- File Your Claim: Submit a claim with the Brooklyn Workers’ Compensation Board. You can file in person, online, or by regular mail at any Board office.
- Ensure Employer Compliance: Follow up with your employer to ensure they have reported the injury to their insurance provider and the Workers’ Compensation Board. This step is vital for the processing of your claim.
- Consult a Qualified Attorney: Arrange a free consultation with an experienced Brooklyn personal injury lawyer. Proper legal advice can speed up the claims process and increase your chances of obtaining the maximum financial recovery possible. Depending on your situation, you might also be eligible for a third-party personal injury claim, which could provide compensation beyond what workers’ comp offers. Each case is unique, so it’s important to work with a lawyer who understands the specifics of Brooklyn law and how it applies to your situation.
Workers’ Compensation Benefits Injured Employees Can Receive In Brooklyn
Workers’ compensation benefits are designed to support workers who suffer injuries on the job, regardless of fault. Employees relinquish the right to sue their employer for personal injury by accepting these benefits.
The system provides various types of assistance to injured workers in Brooklyn, including:
- Medical Benefits: Coverage for all reasonable and necessary medical treatments related to the work injury or illness.
- Wage Replacement: Compensation for lost wages, based on a percentage of the worker’s average weekly earnings.
- Disability Benefits: If the injury results in disability, benefits are calculated based on the average weekly wage and the severity of the disability.
- Vocational Rehabilitation: Assistance with training for a new occupation if necessary.
- Death Benefits: Financial assistance to the families of workers who die from job-related injuries or illnesses.
For those facing permanent disabilities, negotiating a lump-sum settlement can often be more beneficial. This allows for a one-time payment rather than prolonged workers’ compensation proceedings, facilitating a focus on recovery.
Experienced workers’ compensation attorneys in Brooklyn can guide injured workers through the process to secure a comprehensive and just settlement.
How Can You Help With Brooklyn Workers’ Compensation Claim?
When filing a workers’ compensation claim in Brooklyn, selecting a competent Brooklyn personal injury attorney is crucial, but your actions can significantly impact the success of your claim.
Here are proactive steps you can take immediately after your accident to help your attorney build a strong case:
- Take photographs or videos of the accident scene, your injuries, and any relevant property damage.
- Collect names and contact details of anyone who witnessed the accident, even if they only saw part of the event.
- Secure all medical records and receipts related to your injuries. This includes hospital visits, treatments, medications, and any other related medical expenses.
- Compile details about your employer and any relevant communications or documents that pertain to your employment and the circumstances of your injury.
- Keep all receipts for expenses incurred due to your injuries, including travel costs for medical appointments, over-the-counter medications, and medical supplies.
Taking these steps not only aids your attorney in investigating and constructing your case but also strengthens your position for securing the appropriate compensation.
Who Is Eligible to Receive Workers’ Compensation?
In Brooklyn, nearly all employers must offer workers’ compensation coverage to their employees and display a coverage notice in their workplaces.
Covered individuals include:
- Employees of for-profit businesses, such as part-time, borrowed, or leased employees, family members, and volunteers.
- Employees of counties and municipalities engaged in hazardous tasks as defined by the state.
- Public school teachers (excluding those employed by Brooklyn City) and aides (including those in Brooklyn City).
- State employees and volunteers.
- Domestic workers are employed at least 40 hours per week by the same employer, like live-in maids, full-time sitters, and companions.
- Farmworkers, if their employer spent over $1,200 on farm labor in the previous year.
- Corporate officers are in corporations with more than two officers or stockholders, and officers are in one- or two-person corporations with additional employees.
- Most employees of non-profit organizations.
Exemptions from mandatory workers’ compensation insurance include:
- Volunteers at non-profit organizations who receive no monetary compensation, including stipends, room, and board.
- Clergy members, such as ministers, rabbis, and priests.
- Members of non-profit, supervised amateur sports, provided they aren’t employed or compensated by any related entity.
- Teachers at non-profit religious, charitable, or educational institutions.
- Individuals working in exchange for aid from a religious or charitable organization without a contract for hire.
- Alternative workers’ compensation programs cover railroad employees, federal workers, employees of foreign governments, and members of Native American Nations.
- The spouse or minor children of a farmworker not contracted for hire.
- Brooklyn State General Municipal Law covers uniform officers, firefighters, sanitation workers in Brooklyn City, and other municipal employees.
- Individuals doing occasional work for a single-family residence or a non-profit, charitable organization.
- Sole proprietors without employees are integral to the business.
- Independent contractors in the real estate, media sales, or insurance sectors.
When Is It Appropriate to Return to Work After Filing a Workers’ Compensation Claim?
When to return to work after filing a workers’ compensation claim can be a complex decision. While it might be tempting to take time off after filing a claim and receiving compensation, there are several benefits to returning to work as soon as you are medically able.
Working can facilitate your recovery by keeping you active and connected to your routine. Additionally, returning to work allows you to resume earning your full salary, which is important considering that workers’ compensation typically covers only a portion of your usual earnings.
If you have sustained severe injuries that result in reduced responsibilities and a lower salary at work, you may be eligible for benefits that compensate for your lost earnings. Moreover, you might also receive benefits covering medical treatments for injuries incurred at work.
Always consult your healthcare provider to determine the appropriate time to return to work based on your health and recovery status.
Contact Our Brooklyn Workers’ Compensation Accident Lawyer for a Free Consultation
If you’ve been injured at work, don’t let an insurance company penalize you by contesting your claim. At the CEO Lawyer Personal Injury Law Firm, we stand ready to defend your rights and ensure you receive the compensation you deserve.
Don’t accept an unfair denial or a lowball offer from an insurance company. Get in touch with our firm now to arrange a no-cost consultation with a dedicated Brooklyn workplace accident lawyer. We’re here to assist you in moving forward and securing the financial support you need.
Call us at 833-ALI-AWAD or schedule a complimentary initial consultation via email to discuss your defective product case and learn how we can help you!