Being injured at work in Manhattan can be a daunting experience. When you cannot return to your job immediately, questions about how you’ll cover medical expenses and whether your job will be secure during your recovery can add to the stress.
In Manhattan City, several laws are in place to protect workers injured on the job. However, without a thorough understanding of your rights and these laws, you may be vulnerable to exploitation by insurance companies and employers.
Have you suffered a workplace injury? Discussing your situation with an experienced workers’ compensation attorney as soon as possible is crucial.
The CEO Lawyer Personal Injury Law Firm provides injured workers with valuable legal advice and essential support. Schedule a free consultation with one of our skilled attorneys today to learn more about your legal options for recovering the maximum benefits you deserve.
Why Do You Need Our Manhattan Workers’ Compensation Accident Attorneys?
The workers’ compensation claims process is more complicated than you might think. It’s not as simple as informing your boss about your injury and expecting a check in the mail.
There’s a detailed claims process where a workers’ compensation insurance company will review your paperwork. Like any other insurance company, they’ll look for ways to reduce or deny your benefits.
Having an experienced Manhattan personal injury attorney by your side from the start gives you the best chance of getting your full benefits without delay.
The insurance company and your employer might also challenge your right to workers’ compensation. The last thing you want to do is fight with the insurance company while you recover from an injury.
Our experienced Manhattan Workers’ Compensation Accident Lawyers will protect your best interests at every step. We will:
- Ensure your paperwork is accurate and filed within the applicable time limits.
- Defend your rights if the workers’ compensation insurance company rejects or delays your claim.
- Investigate to find out what caused your accident.
- We will help you understand your compensation options, including workers’ compensation and the third-party claims process.
- Fight to ensure you’re receiving the total benefits you deserve.
- Handle any appeals or challenges to your workers’ compensation claim.
Get Legal Help With Our Manhattan Workers’ Compensation Accident Law Firm
Getting the benefits you’re entitled to might be challenging, but partnering with a seasoned workers’ compensation attorney can boost your likelihood of submitting a successful claim or challenging a denied or underestimated one. At the CEO Lawyer Personal Injury Law Firm, we advocate for injured workers in Manhattan.
We can help by determining your eligibility for workers’ compensation benefits and potential options for pursuing further compensation. We assist in gathering the necessary documentation to support your claim, filing your claim, and representing you at appeals if the claim is denied or undervalued.
Our firm also excels in negotiating settlements with workers’ comp insurers and investigating other options for pursuing maximum compensation, such as a third-party claim or a lawsuit under the New York Labor Law. Our team has what it takes to mount a strong workers’ compensation claim on your behalf, ensuring you receive the support and compensation you deserve.
Define Workers’ Compensation
Workers’ compensation is an insurance program designed to provide a fixed set of benefits to individuals who suffer work-related injuries and illnesses. Every state, including New York, mandates that almost all employers carry workers’ compensation insurance to cover their employees’ losses from such incidents.
A key feature of the workers’ compensation program is its “no-fault” nature. This means that, with very few exceptions, injured workers are eligible to collect benefits regardless of whether they or their employer were at fault for the injuries.
As a result, injured employees do not need to prove that their employers were negligent or at fault for their injuries.
We represent a wide range of injured workers, including but not limited to:
- Delivery drivers (e.g., furniture, food, vending machine, UPS, FedEx, appliance delivery)
- Construction workers
- Truck drivers
- Retail workers
- Healthcare workers
- Bus drivers
- Ambulance drivers
- City workers
- Police officers and firefighters
- Cab drivers
- Garbage truck drivers
- Tunnel and railroad workers
- Remote employees
- And more…
Whether injured on-site or while performing work-related duties, we help you manage your workers’ compensation claim and secure the benefits you deserve.
What Types of Injuries Qualify for Workers’ Compensation Benefits in Manhattan?
In Manhattan, various injuries and illnesses can qualify an employee for workers’ compensation benefits. Common work-related injuries include:
- Repetitive Stress Injuries
- Broken Bones
- Soft Tissue Injuries
- Back, Neck, and Spine Injuries
- Knee Injuries
- Shoulder Injuries
- Traumatic Brain Injuries
- Spinal Cord Injuries and Paralysis
- Hearing Loss
- Vision Loss
- Illness from Workplace Exposure to Toxins or Chemicals
- Internal Injuries
These injuries can result from falls, car accidents, overexertion, machinery mishaps, and other job-related accidents.
Unsure if you qualify for benefits? Speak with our knowledgeable Manhattan workers’ compensation attorneys today.
Who is Eligible to Receive Workers’ Compensation?
In Manhattan, 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 New York City) and aides (including those in New York City).
- State employees and volunteers.
- Domestic workers 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 in corporations with more than two officers or stockholders, and officers 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.
- New York State General Municipal Law covers uniform officers, firefighters, sanitation workers in New York 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.
How Long Do You Have to File a Claim After a Workplace Injury?
You should notify your employer immediately after an accident. New York law mandates that you inform your employer within 30 days of the incident. Once notified, your employer has ten days to alert the workers’ compensation insurance company.
If a third party was responsible for your accident, you can file a third-party personal injury lawsuit for damages within three years of the incident.
New York law prohibits employees from suing their employers for damages related to workplace injuries. This legal restriction applies to all employees eligible for workers’ compensation benefits.
Do You Have to Pay Back Workers’ Comp in NY?
Generally, no. Workers’ compensation benefits are typically not required to be repaid and are not considered taxable income for state or federal tax purposes. However, there are two specific exceptions to this rule:
- Third-Party Claims: If a worker receives workers’ compensation benefits and later recovers compensation through a third-party claim (either through a settlement or damages award), the workers’ compensation benefits will be reduced by the amount received from the third-party claim, minus litigation costs.
- Fraud: If a claimant commits workers’ compensation fraud by providing false statements or omitting important information during the claims process, they may be required to repay any benefits received.
If you are considering pursuing a third-party claim in addition to claiming workers’ compensation benefits, it is advisable to consult with a workers’ comp lawyer.
Understanding Average Compensation Settlements for Work Injuries
Settlements for work injuries can vary widely depending on the nature of the injury and its long-term effects. However, certain compensations are typically assured, including:
- Cost of Medical Care: This covers all medical expenses, such as consultations, treatments, and other necessary medical care.
- Future Medical Expenses: This includes costs for any future medical needs, such as X-rays, further testing, therapy, and surgeries.
- Lost Wages: Compensation for lost monthly salaries and wages until you can resume work.
- Disability Payments: Applicable if the injury results in a disability.
At the CEO Lawyer Personal Injury Law Firm, we have successfully represented clients in numerous workers’ compensation claims. Every case is unique and requires a personalized approach.
Workers’ Compensation Insurance companies often present attractive deals before trial, especially with a reputable firm like us.
Our experienced workers’ compensation attorneys have secured favorable settlements for countless victims of occupational injuries. We provide consultation and guidance based on the specifics of your case.
When we go to trial, we strive to achieve the highest possible settlements for all inconveniences and injuries caused by your job. As an added incentive, our consultations are free.
Call us today and speak with a Manhattan personal injury lawyer to explore your options!
Eligibility for Workers’ Compensation Claims in Manhattan, New York
Handling the complexities of a job-related injury or illness can be challenging, especially when determining your eligibility for state workers’ compensation benefits. Like all states, New York has strict workers’ compensation laws to prevent system abuse.
It’s important to understand that simply being injured on the job in Manhattan City does not automatically qualify you for financial benefits. As explained by an NYC workers’ comp lawyer, you must meet the following criteria before applying for benefits:
- Employer Coverage: The company you work for must be legally required to provide workers’ compensation benefits to injured employees under New York law.
- Work-Related Injury: Your current disability, illness, or injury must have been caused solely by performing duties associated with your employment.
- Timely Notification: You must provide your employer with written notification of the incident within 30 days.
- Medical Confirmation: You must obtain a medical report that confirms your disability, illness, or injury occurred while on the job.
Can You Get Damages Above and Beyond What Workers Compensation Covers?
While workers’ compensation provides important support after a workplace accident, it doesn’t preclude your right to sue third parties whose negligence contributed to your injury. These lawsuits, known as third-party claims, target responsible parties such as:
- Negligent drivers involved in work-related car accidents
- General contractors
- Property owners
- Third-party vendors
- Subcontractors
- Engineers on job sites
Through a third-party claim, you can seek compensation for various damages similar to those in personal injury lawsuits, including:
- Full lost wages
- Future medical care expenses
- Reduced future earning capacity
- Physical therapy costs
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death damages
- Property damages
- And more
Since workers’ compensation benefits are often capped, many injured workers find it challenging to make ends meet. At our Manhattan personal injury law firm, we conduct thorough investigations to determine if you can pursue additional compensation.
Please contact us if you’d like to discuss your case in more detail.
How Long Do Most Workers’ Comp Settlements Take?
The duration of most workers’ compensation settlements can vary widely due to the unique circumstances of each injured worker. Simpler claims with less severe injuries tend to reach settlements more quickly.
Several factors can influence the timeline for a workers’ comp settlement, including:
- The cost of the worker’s medical care
- The severity of the worker’s injury
- The extent of the worker’s disability
- The worker’s average weekly wage
- Any pre-existing conditions the worker has
- Disputes over facts in the worker’s case
- Whether a third party caused the worker’s injury
Hiring an experienced workers’ comp lawyer can often expedite the settlement process, regardless of the complexities involved.
Contact Our Manhattan Workers’ Compensation Accident Lawyer for a Free Consultation!
Recovering compensation after a workplace injury doesn’t need to be complicated or stressful. Give yourself time to recover while the knowledgeable workers’ compensation attorneys at CEO Lawyer Personal Injury Law Firm handle the necessary legal paperwork.
Our experienced NYC workers’ compensation lawyers will handle your claim, handle the system efficiently, and ease the burden of pursuing your rights. Call us at (516) 689-1132 or schedule a complimentary initial consultation via email to discuss your defective product case and learn how we can help you!
