Queens Workers’ Compensation Attorney
Workers’ Compensation in New York
Many of us get up and go to work every day without thinking twice about what might happen if we were suddenly unable to do our jobs due to injury or illness. Unfortunately, people must face such circumstances after being injured by workplace accidents or hazards.
If you have suffered an injury or illness in your workplace, you could be eligible for benefits. The Queens workers’ compensation lawyers at The Cassisi Law Firm are dedicated to making sure workers can continue to provide for themselves and their families following a job-related injury. Representing clients in Brooklyn, Queens, the Bronx, and throughout New York City,
Your Right to Workers’ Compensation in New York
Virtually all New York employers must provide workers’ compensation insurance coverage for their employees. Benefits, in the form of cash or medical care, are owed to workers who have been injured or fallen ill as a direct result of their job.
Filing a workers’ compensation insurance claim and receiving due benefits can be a daunting endeavor, especially for a recently injured person who is in substantial pain and has physical limitations. Steps such as choosing a doctor, filing necessary paperwork, and submitting wage-and-hour claims all need careful consideration to ensure they are done properly.
Time Limit for Filing a Workers’ Compensation Claim
Time is of the essence to receive your workers’ compensation benefits. An injured or sick employee must file a claim within two years of the accident or within two years after the employee knew or should have known that an illness was job-related.
Further actions will be necessary if your claim is denied. Consulting an experienced attorney can help ease the stress of this complicated process.
Common Job-Related Injuries & Illnesses
On-the-job injuries include bodily injury as well as occupational diseases, such as asbestosis due to asbestos removal and occupational hearing loss.
Various workplace factors can contribute to an injury, including:
- Repetitive stress
- Car accidents related to work
- Construction accidents
- Heavy lifting
- Chemical or fume exposure
These and other on-the-job accidents, injuries, and illnesses are typically covered by workers’ compensation. Because it is a no-fault system, you do not need to prove that your employer or another party was negligent to receive benefits; you only need to prove that your injury or illness was work-related.
Get Started with a Free Consultation Today
If you have sustained an injury in the workplace and are unsure of how to proceed with filing a claim, or if you have been denied workers’ compensation benefits, contact our office for assistance. Armed with three decades of experience, our workplace injury attorneys are dedicated to advocating on your behalf to help you receive the workers’ compensation benefits you deserve.
We aid injured workers throughout New York City, including in Queens, the Bronx, Brooklyn, and beyond. We offer legal services in English, Spanish, and Italian, and there are no attorneys’ fees unless/until we recover compensation on your behalf.
Who Is Covered by Workers’ Compensation in New York?
In the state of New York, nearly all employers are required to carry workers’ compensation insurance. Workers’ comp is a type of no-fault insurance, meaning you do not need to prove that your employer (or another party) was negligent to receive benefits. However, the trade-off for not having to prove negligence is that you typically cannot sue your employer directly if you seek workers’ compensation.
In New York, the following employees are covered by workers’ compensation:
- Employees at for-profit businesses, including part- and full-time employees
- Public school teachers not employed by New York City
- Public school aides, including those employed by New York City
- Employees who conduct “hazardous” work on behalf of counties/municipalities
- State employees, including certain volunteers
- Farm/agricultural workers
- Domestic workers who conduct at least 40 hours of work per week for the same employer
This is not an exhaustive list; anyone in the state of New York who is classified by the Workers’ Compensation Board as an “employee” and who does not meet the qualifications for exclusion is covered by workers’ compensation insurance.
If you were injured at work or fell ill due to work-related conditions or tasks and are unsure whether you are covered by workers’ compensation, reach out to our Queens workers’ comp attorneys for a free initial consultation. We are happy to answer your call 24/7 and can answer any questions you may have.
What Benefits Are Available to Injured Workers?
Injuries suffered in the workplace can result in short-term, long-term, and even permanent disability. Benefits can take many different forms, the details of which may be difficult to understand. The amount of workers’ compensation benefits is also calculated differently depending on the degree of the injury, as well as the type of benefit received.
Below, we’ve provided a brief overview of workers’ compensation benefits in New York and how they are calculated:
- Cash benefits are given to totally or partially disabled workers who are unable to work for more than seven days. The amount received is calculated based on the worker’s average weekly wage for the prior year.
- Medical benefits are owed for any medical care related to injury or illness and the recovery thereof. The Workers’ Compensation Board must authorize treating doctors, except in the case of an emergency.
- Social Security benefits may be available for an injured worker who becomes seriously disabled, either permanently or for a continuous period of one year.
- Death benefits may be available to the employee’s surviving spouse or minor children if a workplace injury results in a fatality.
Depending on the specifics of your situation, including the nature and severity of your injury or illness, you could be entitled to receive wage replacement benefits based on two-thirds your average weekly wage, as well as reimbursement for medical expenses and vocational rehabilitation. We encourage you to reach out to our firm today to learn how one of our Queens workers’ compensation lawyers can help you with your claim.
Our firm handles all aspects of personal injury, and we encourage you to explore the ways in which we can help protect your rights and get you the compensation you deserve.