Name: Workers' Compensation
Brand: The Law Offices of Michael S. Lamonsoff
Rating: 4.8 (480 reviews)

What is Workers’ Compensation in New York?

Workers' compensation is an important aspect of employment law in New York, designed to protect the rights and well-being of employees who suffer work-related injuries or illnesses. In New York, most employers are required to carry workers' compensation insurance. This coverage extends to full-time and part-time employees, including family members working for the business.

Workers' compensation provides benefits to employees who sustain injuries or develop illnesses in the course of their employment. This coverage includes accidents that occur on the job, occupational diseases, and injuries resulting from repetitive tasks.

The benefits under workers' compensation typically encompass medical care, wage replacement, and rehabilitation services. Medical expenses related to the treatment of the work-related condition are covered, and employees may receive a portion of their wages during the period they are unable to work.

Eligibility for Workers’ Compensation in New York City

To be eligible for workers’ compensation in NYC, the individual must have an employment relationship with an employer who is subject to New York's Workers' Compensation Law. Most employers in the state are mandated to carry workers’ compensation insurance.

Work-Related Injury or Illness: The injury or illness must be directly related to the individual's job or work duties. This includes incidents on the employer's premises or during work-related activities.
Prompt Reporting: Reporting work-related injuries or illnesses promptly to the employer is generally required. Failure to do so could impact eligibility for workers’ compensation benefits.

Timely Filing of Claims: Timely filing of claims is important. This involves notifying the employer and submitting the necessary claim forms to the Workers’ Compensation Board within specified timelines.
No-Fault Basis: New York operates on a no-fault basis, ensuring employees are entitled to benefits regardless of fault. However, exceptions exist for willful misconduct or intoxication causing injuries.

Steps to Take If You are Injured at the Workplace in New York

These are the steps you need to take to ensure your workers’ compensation claim gets approved in NY:

Obtain Immediate Medical Attention: You need to take care of your health and obtain immediate medical attention for your injuries. Inform the healthcare provider that your injury is work-related.
Report the Injury to Your Employer: Notify your employer about the injury as soon as possible. Provide details about how, when, and where the injury occurred, and follow your employer's reporting procedures.
Document the Incident: Record details of the accident, including any hazards that contributed to the injury. Take photographs if possible, and gather witness contact information.
Consult with Our Lawyers: Seek prompt legal advice from the leading New York workers’ compensation attorney Michael S. Lamonsoff “The Bull” to protect your rights. Our lawyers will ensure maximum claim recovery and will fight aggressively on your behalf if your claim has been denied or disputed.
Follow Medical Advice: You need to make sure that you adhere to the treatment plan prescribed by your healthcare provider. Attend all medical appointments and rehabilitation sessions.
Communicate with Your Employer and Insurer: Keep your employer informed about your medical status and any changes. Your attorney can communicate with your employer’s workers’ compensation insurance company as necessary.
Appeal if Necessary: If your claim is denied, you may want to consult with your workers' compensation attorney in New York City to appeal the decision. Our experienced NYC workers’ comp lawyers will follow the appropriate legal procedures to challenge the denial and fight for your right to compensation.

Why You Need an Experienced Workers’ Compensation Lawyer in New York?

If you have sustained an injury at work, handling the various aspects of the workers’ compensation process can be challenging. Here are a few compelling reasons why you should consider hiring a workers’ compensation lawyer:

Guidance Through the Claims Process

Filing a workers’ compensation claim involves extensive paperwork and adherence to strict timelines. A lawyer can guide you through the entire process, ensuring all necessary documentation is completed accurately and submitted on time.

Advocacy for Denied Claims

If your claim is denied, a workers’ compensation lawyer in New York City can advocate on your behalf. They have experience dealing with insurance companies and can present a strong case for the reconsideration or appeal of a denied claim.

Evaluation of Settlement Offers

Insurance companies may offer settlements that might not fully cover your long-term needs. Our attorneys can assess the adequacy of settlement offers, negotiating for a fair and comprehensive compensation package.

Protection Against Retaliation

Some workers fear retaliation from their employers for filing workers’ compensation claims. A lawyer can ensure your rights are protected and help you take legal action if you face any adverse consequences.

Assistance with Vocational Rehabilitation

In cases where an injury limits your ability to perform your previous job, our lawyers can assist in obtaining vocational rehabilitation benefits, including job retraining or assistance in finding suitable alternative employment.

Representation in Hearings and Appeals

If your case goes to a hearing or requires an appeal, having legal representation is needed. Our attorneys at the Law Offices of Michael S. Lamonsoff, PLLC can represent you during these proceedings, presenting a compelling case on your behalf.

Expedited Process for Complicated Claims

In situations involving severe injuries or disputes, the legal process can become more complicated. Our New York workers’ comp attorneys can expedite the resolution of your case, ensuring you receive timely compensation for medical expenses, lost wages, and other damages.

Maximization of Benefits

Our lawyers will work to maximize the benefits you receive, taking into account not only immediate medical expenses but also future medical needs, disability payments, and other potential long-term costs.

Over $500 million in verdicts & settlements for our clients

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.

$16,000,000 Verdict Awarded to a Victim of Sexual Abuse

$12,157,000 Settlement in a Train Derailment Case

$11,750,000 Awarded to a Victim of Wrongful Conviction

$9,000,000 Awarded to a Victim of Municipal Assault

$6,500,000 Settlement in a Construction Accident Case

$5,500,000 Verdict Awarded in a Construction Accident Case

$4,750,000 Awarded to an Injured Construction Worker

$4,100,000 Settlement in a Construction Accident Case

$4,000,000 Awarded to Families of Flight 587 Victims

How Does Workers’ Compensation Operate in New York?

When an employee sustains a work-related injury or illness, it is vital to report it to the employer promptly. In New York, this report should be made within 30 days of the incident or the date the employee knew the injury or illness was work-related. Once notified, the employer is required to report the injury or illness to their insurance carrier and the Workers' Compensation Board in New York.

The WCB reviews the claim to determine eligibility for benefits. If there are disputes or concerns, a hearing may be scheduled. If the claim is approved, the injured worker may be eligible for various benefits, including medical care coverage, cash benefits for lost wages, and rehabilitation services if needed. In some cases, injured workers may be able to return to work in a modified or light-duty capacity. If the employee cannot return to their previous job, the employer may offer alternative suitable employment.

Types of Workplace Injuries and Workers’ Compensation Claims in New York

Back Injuries:

Common Causes: Lifting heavy objects, repetitive motions, falls.
Claim Types: Medical treatment, rehabilitation, disability benefits.

Strains and Sprains:

Common Causes: Overexertion, lifting, sudden movements.
Claim Types: Medical care, physical therapy, temporary disability.

Cuts and Lacerations:

Common Causes: Sharp tools, machinery accidents.
Claim Types: Emergency medical care, stitches, potential scarring benefits.

Fractures:

Common Causes: Falls, impact injuries, accidents.
Claim Types: Medical treatment, potential disability benefits.

Repetitive Strain Injuries:

Common Causes: Continuous movements, improper ergonomics.
Claim Types: Medical care, rehabilitation, temporary disability.

Head Injuries:

Common Causes: Falls, falling objects, collisions.
Claim Types: Medical treatment, potential disability benefits.

Burn Injuries:

Common Causes: Chemical exposure, electrical accidents.
Claim Types: Medical care, potential disability benefits.

Occupational Diseases:

Common Causes: Exposure to harmful substances over time.
Claim Types: Medical treatment, occupational therapy, disability benefits.

Eye Injuries:

Common Causes: Flying debris, exposure to harmful substances.
Claim Types: Medical care, optometry devices, potential disability benefits.

Joint Injuries (Knees, Shoulders):

Common Causes: Twisting, repetitive stress, falls.
Claim Types: Medical treatment, rehabilitation, potential disability benefits.

Respiratory Issues:

Common Causes: Exposure to toxic substances, poor air quality.
Claim Types: Medical treatment, physical therapy, disability benefits.

Hearing Loss:

Common Causes: Loud workplace environments.
Claim Types: Medical treatment, hearing aids, potential disability benefits.

Amputations:

Common Causes: Machinery accidents, severe injuries.
Claim Types: Emergency medical care, potential disability benefits.

Types of Compensation After a Workplace Injury in NYC

After a workplace injury in New York, you may be entitled to various types of compensation to support your recovery and financial well-being.

Medical Treatment
Temporary Disability Benefits
Permanent Disability Benefits
Lost Wages
Rehabilitation Services
Death Benefits
Disfigurement Benefits
Mileage Reimbursement
Prescription Medication Coverage
Pain and Suffering

Can I Appeal a Workers’ Compensation Decision in NYC?

If you have received an unfavorable decision in your workers’ compensation case in New York, you have the right to appeal. Inconsistencies in medical evidence, denial of certain medical treatments, disputes over the degree of disability, and issues with the calculation of benefits are common grounds for appeal.

Filing an Appeal

To initiate the appeal process, submit a written request to the Workers’ Compensation Board. This request should include detailed reasons for the appeal and any supporting documentation.

Appeal Process

Upon receipt, the WCB acknowledges the appeal and assigns a case number. The case is then handed over to a Workers' Compensation Law Judge (WCLJ) for review.

Hearing and Review

The WCLJ schedules a hearing to review the evidence and hear arguments from both parties. During this process, additional medical evidence may be presented.

Board Review

If dissatisfied with the WCLJ’s decision, you can request a review by the full Workers’ Compensation Board. The Board will issue a written decision after this review.

Judicial Review

If still dissatisfied, you may appeal to the Appellate Division of the Supreme Court.

You should consider hiring a workers' compensation lawyer in New York City for strong and informed advocacy at each step of the appeals process. In fact, claims backed by legal representation have a higher likelihood of success.

Workers' Compensation Attorney NYC