Workers' Compensation FAQ

How much can I expect to receive from Workers' Compensation benefits?

After seven (7) days out of work, Workers' Comp will provide a maximum of two-thirds of your weekly pay, up to $500 per week. This maximum applies to total disability (i.e. unable to work at any job), as well as partial disability (i.e. you have some work capacity). If you are partially disabled, weekly benefits are reduced.

What should I do to make sure I do not lose any Workers' Compensation benefits?

The most important thing to do is to get medical attention immediately . Even if you do not think you are seriously injured, you should see a doctor because you may be more injured than you are initially aware of. When you see a doctor or go to an emergency room, you must give a complete account of what happened to you on the job. Also, you must notify your employer as soon as you can after the accident . Make sure you tell your employer you were injured on the job and how it happened.

Can I file my Workers' Compensation claim on my own behalf?

Yes, you can click here for a " Workers' Compensation Board - Employee's Claim for Compensation (C-3)" and file it yourself with the nearest Workers' Compensation Board office. Failure to file within two (2) years of the date of injury may result in denial of your claim. If your employer files the claim for you, ask for proof of filing.

Can I receive Workers' Compensation benefits if I am an Undocumented Worker?

Yes, as an undocumented worker at a construction or demolition work site, you have the right to receive workers' comp benefits. You also have the right to bring a lawsuit for your injuries against any and all owners, general contractors, sub-contractors or manufacturers of defective equipment found to be responsible for your injuries. You should report the injury immediately and see a doctor or hospital.

Do I need a lawyer to bring my Workers' Compensation claim?

You or anyone else can file the claim on your behalf, but an experienced workers' compensation attorney will ensure your rights are protected throughout the entire workers' comp proceedings. Your attorney will ensure all your doctor reports are filed with the workers' comp insurance accompany and the Workers' Comp board itself. Your attorney will ensure you are properly represented at all hearings and if any benefits are denied, will ensure the strongest case is presented before an administrative law judge.

How can I support my family and myself if I am unable to work, and my workers' comp benefits are delayed?

As soon as you know you are unable to return to work, you must speak with your lawyer, your employer and your union representative. In addition to a personal injury lawsuit, you may be entitled to different disability plan benefits such as New York State short-term disability, Federal Social Security long-term disability benefits, Unemployment Insurance benefits, Welfare or private disability benefits purchased through an employer or union.

At Lozner & Mastropietro, our Brooklyn attorneys are dedicated to helping workers get the compensation they deserve for the work-related injuries they have suffered. If you or a loved one has been injured on the job; at a construction, demolition, excavation, or manufacturing site, or you simply need more information, please call us at 718-615-0044 or click Tell Us About Your Case.

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