His clients call Michael Lamonsoff “The Bull” because he never stops fighting for them. Thanks to “The Bull” and his team of top-rated litigators, the Law Offices of Michael S. Lamonsoff, PLLC., is consistently rated as one of the top personal injury law firms in New York City.
Workers' Compensation Attorney NYC
On-the-job injuries can have devastating effects not only on the victim, but on the victim’s entire family. In most cases, the severity of the injuries dictates significant and unwelcome changes to the victim’s way of life.
Many on-the-job injuries tend to be catastrophic because they are severe or permanent, and sometimes even both. Victims of workplace injuries find themselves facing an accumulation of unpaid medical bills, mounting debt directly associated with everyday living expenses, and changing family dynamics as a result of the injury itself.
To help compensate for these losses, the state of New York mandates that every employer provide workers’ compensation benefits to employees. These benefits help provide income and medical care during their time of recovery. Unfortunately, there can be many obstacles and hurdles to actually acquiring these badly needed benefits. This is where the extensive knowledge of our workers’ compensation lawyers in NYC at the Law Offices of Michael S. Lamonsoff, PLLC can prove to be priceless.
If you have sustained a serious injury while working, you are due workers’ compensation benefits and our team of experienced attorneys can help you get them. Our highly skilled workers' compensation attorneys and staff have decades of experience in successfully navigating and obtaining workers' compensation benefits for their clients.
What can I expect to receive from workers’ compensation?
New York State Law provides many different types of benefits with regards to injured employees. Of course, the goal is to prevent or relieve financial hardship and help the victim make a complete recovery. Here are some of the most common benefits we see awarded in workers’ compensation cases:
Financial compensation equal to two-thirds of your average weekly wages based on your pay at the time of the accident, but not to exceed the New York State maximum. For dates of accident during the period from July 1, 2019 through June 30, 2020, the maximum weekly benefit is $934.11 per week.
Reimbursement for out-of-pocket financial expenses, such as prescriptions or traveling to see a doctor, that are directly related to your injuries. Even the cost of bandages and/or therapists can be reimbursed.
Financial compensation for extremity injuries, like damage to the hands or legs, even if it does not prevent you from working.
Necessary medical treatment from doctors and chiropractors with treatment cost covered by workers’ compensation.
If I am injured at work am I automatically due workers’ compensation benefits?
People tend to assume that if they are injured on the job, then they are automatically due workers’ compensation benefits. Unfortunately, this is not the case. While most occupations and employers in New York are covered by the Workers’ Compensation Law, that law still requires you to prove that you are eligible to receive the benefits.
To be eligible to receive benefits, you must be able to prove that the injury, illness, or disease that you are suffering from is causally related and a direct result of an injury sustained while working. In essence, you must be able to prove, beyond the shadow of a doubt, that your injury is a direct result of your work. The Law Offices of Michael S. Lamonsoff, PLLC, is not a stranger to the Workers Compensation Board, the responsible insurance companies. We will help you with the filing of the necessary forms and fight to prove your case to get you the benefits that you deserve.
If I receive workers’ compensation, can I still bring a lawsuit for damages?
Yes, you can. Workers' compensation is intended to provide workers with some rapid relief for their injuries, but it is rarely enough to truly compensate for the losses that you have suffered. Powerful New York laws protect laborers, and, in many circumstances, we can bring a third party civil lawsuit to recover damages from those whose negligence caused your injury.
Our firm, the Law Offices of Michael S. Lamonsoff, PLLC, is composed of top workers' compensation attorneys in New York City who are passionately dedicated to fighting for the rights of workers. We will make sure that if you have a claim that exceeds your workers’ compensation benefits, we will find that claim and pursue it to obtain maximum compensation for you.
What do I need to prove in order to receive workers’ compensation benefits in New York?
Not every injury that occurs at work qualifies as an injury for which you can receive workers’ compensation benefits. For your claim to qualify for benefits, all of these things must be present:
- First, you must work for a company that carries workers’ compensation coverage, whether mandated by the state or optional.
- Second, the injury or illness must have happened as a direct result of performing your job or while you were carrying out the necessary duties of your job.
- Third, you must have also given your employer a written notice of the incident that caused your injuries within thirty days of the occurrence. The sooner, the better.
- Finally, you should obtain and be able to produce a medical report stating that your injury or illness was caused by an on-the-job accident or worksite conditions.
These are the necessary elements that must be present for a successful workers’ compensation claim. However, employers and insurance providers both can dispute the claim even if it clearly qualifies for benefits. It is important that you have substantial evidence and strong representation if you are pursuing benefits from a workers’ compensation claim.
The Law Offices of Michael S. Lamonsoff, PLLC has over 100 years of experience representing victims of workers’ compensation claims. These attorneys will investigate diligently and fight fiercely to get you all of the financial compensation that you are entitled to.
Coronavirus (Covid-19) and Filing a Work-Related Claim
If you or someone you know is exposed to and/or diagnosed with the Coronavirus (COVID-19), should I file a claim for New York State Workers’ Compensation benefits? The answer is "Yes" if you were exposed and/or contracted Coronavirus while in the course of your employment. However, before filing a claim for Workers' Compensation, you must document your exposure while working with your employer and obtain a medical report with causal relationship from your medical provider of the work related exposure.
A successful claim should:
(1) Provide written notice to your employer of the facts and circumstances which lead to the exposure to the virus and/or contraction of the virus. This notice should be within thirty (30) days of the date of the exposure, if known, or within thirty (30) days of the diagnosis of the virus;
(2) File a written claim with the New York State Workers’ Compensation Board within two (2) years of the exposure or diagnosis of the virus (C-3) or death (C-62).
(3) A medical report signed by a medical provider that with a reasonable degree of medical certainty there is a causal connection between the diagnosis and your work activity at the time of the exposure.
The attorneys at the Law Offices of Michael S. Lamonsoff are well versed in New York State Workers’ Compensation Laws and available to answer any questions or concerns on how best to pursue a Workers’ Compensation claim for the Coronavirus or any other claim(s). Please call or email us today for a free consultation. We are here to help you.
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Call our office for help with your workers’ compensation claim
If you have been the victim of an on-the-job accident and sustained serious injuries, please don’t hesitate to contact our office immediately and speak with a workers’ compensation attorney. The Law Offices of Michael S. Lamonsoff, PLLC will work tirelessly to get you the best possible outcome in your case.
Will filing a workers’ compensation claim affect my job security?
No, filing a workers’ compensation claim should not affect your job security at all.
Many employees hesitate to file a legitimate claim because they feel that it will cost their employer money, but that couldn’t be further from the truth.
Companies carry workers’ compensation insurance so that they don’t have to pay for injured workers out of company money. The insurance pays for it, and it should not affect the company or your job security at all.
Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
