Everything You Need to Know About Workers’ Comp in New York

Lever & Ecker, PLLC October 27, 2022 Personal injury

If you are an employee in New York, you should be covered through your employer for workers’ compensation in the event of on-the-job injury. In fact, most employers must carry workers’ compensation insurance for all of their employees. But simply knowing this may not be enough to calm your concerns after you have been injured on the job. What is covered by workers’ compensation? What steps should you follow to ensure you get the compensation you deserve?

If you are worried about what you might recover through New York’s workers’ compensation, a workers’ compensation lawyer from Lever & Ecker, PLLC, can provide insight. We have been practicing law for over 60 combined years, meaning we have the experience to lead you through the legal process and obtain the compensation you deserve. If you would like a guide for navigating your rights regarding workers’ compensation, please continue reading to learn more.

Table of Contents

What Does New York Workers’ Compensation Insurance Cover?

If you have been injured on the job, you should not need to pay out of pocket for your injuries. Several types of benefits should be covered through workers’ compensation, including the following:

Salary compensation: This is typically two-thirds of the average weekly wage you were earning before the accident.
Scheduled Loss of Use Award: If there is a permanent or temporary disability, employees are often assigned a scheduled loss of use award, which is an amount of money provided depending on the loss of use (such as a limitation of range of motion) of a specific body part.
Medical expenses: Any medical treatment related to the accident should be covered by workers’ compensation. Qualifying medical treatment can extend to hospital stays, rehabilitation, diagnostic testing, surgeries, and medication.
Non-economic damages: If another party (generally referred to as a “third-party”) is found to be responsible for your accident at work and injuries, you may be entitled to recover monetary damages beyond your lost wages and medical expenses, in the form of pain and suffering and loss of enjoyment of life. This is often the case with accidents on a construction site, such as when an employee falls off a ladder or is struck by a falling object.

Depending on the circumstances related to your injury, you may be entitled to compensation for several types of damages. Speak to a qualified workers’ compensation lawyer if you want your rights explained and for help maximizing your benefits.

What to Do After a Workplace Injury in New York

If you are injured at work, you may not know what to do to ensure you receive the compensation you deserve. We have a few helpful suggestions for you to consider:

Notify Your Employer

After an injury, an employee should immediately notify their employer or supervisor where, when, and how the injury happened. The Workers’ Compensation Law requires that an employee who is injured in the workplace submit written notice of the accident to their employer within thirty (30) days of the accident.

Seek Medical Attention

After an injury, it is essential to seek medical attention. A medical professional may be able to assess your injuries, determine a cause, provide options for treatment, and guide you through necessary medical attention. Medical bills may also help you ensure you receive adequate compensation.

File a Claim

After an injury, it is necessary to file your claim correctly. Your workplace should be able to provide additional information, as your claim information may vary depending on your employment type or the company’s categorization. New York requires you to complete a document called Form C-3 (Employee Claim) as soon as possible after your injury. This form can be submitted online or filed as a paper copy. If your workplace does not provide adequate information, you may want to speak with a lawyer for help.

Speak With a Qualified Workers’ Compensation Lawyer

Especially in cases where your claim is denied or you do not receive the compensation you feel you deserve, consider contacting a lawyer. A qualified and certified workers’ compensation attorney may be able to help you in several ways, including the following:

Conducting a complete investigation into your accident
Negotiating with every party involved in the case
Assuring that all documents are correctly and promptly filed
Reviewing your losses to determine the total value of your claim
Assisting with referrals to medical care providers
Communicating with your medical care providers to obtain the medical information needed to prove damages in your claim
Arranging and presenting evidence in order to prove liability and losses
Negotiating with lien holders on your claim (such as health, disability, or workers’ compensation insurers) to potentially reduce the amount of those liens
Providing a comprehensive understanding of the New York legal system and how we can make it work for you

If you plan to take legal action, a qualified workers’ compensation lawyer may be able to represent your case accurately and favorably and help you win the compensation you deserve.

Lever & Ecker, PLLC New York Workers’ Compensation Attorneys Get Big Results

If you have been injured at your workplace, our team at Lever & Ecker, PLLC, may be able to help. When workers’ compensation claims are filed, they should be relatively straightforward. However, insurance companies and employers may try to avoid responsibility for your injuries. With more than 65 years of combined experience, our award-winning lawyers are here to help you.

We are dedicated to supporting our clients through every step of the legal process, so do not hesitate to contact us if you want to discuss the details of your suit, want an explanation of your rights, or desire more information. You can contact us by calling (718) 933-3632 if you are in the Bronx area, calling (914) 288-9191 in the rest of New York state, or completing our contact form.