The Lawyer You Use In A Workers’ Compensation Case Can Make A Difference
Construction, demolition, excavation and manufacturing work sites are some of the most dangerous working conditions facing workers today. Serious and catastrophic work-related injuries at these work sites occur with an unfortunate frequency.
If you were injured in a workplace accident, your employer must provide insurance coverage called workers’ compensation. Workers’ comp is designed to pay your medical bills and partly replace your lost income when you are unable to return to work. Part-time jobs and independent contractors are generally covered. It may not matter that you caused the accident in which you were injured since workers’ compensation benefits are awarded regardless of fault.
Unfortunately, because workers’ compensation insurance rates are based on the number of claims an employer’s insurer has paid, employers and their insurers have an incentive to delay and deny claims. Insurance companies will also wrongfully insist that you see a doctor of their choosing, another way they can try to deny your claim.
It is important that you consult an attorney immediately after an injury, and before you speak with anyone else. It is common for insurance company investigators to visit an injured worker in the hospital or at home right after an accident. The investigator appears friendly and says they are there to help the worker get their benefits. However, the investigator is often there to limit the liability of the insurance company to pay for the workers’ injuries.
In addition to a workers’ compensation claim, injured workers may also have a personal injury claim that can more fully compensate injured workers and their families, in addition to a social security disability claim, unemployment insurance claim, and possibly union benefits. Applying for Workers’ Compensation benefits, however, can be a confusing and complicated process. Many people are unaware that you only have a limited period of time to notify your employer of a work related injury or illness otherwise you may lose all of your benefits.
The process of receiving workers’ compensation benefits begins with reporting your injury to your employer immediately and filing a claim.Filing your claim is simple and can be done on your own by completing an Employee’s Claim for Compensation Form (C-3). Click here for an Employee’s Claim for Compensation (C-3) form (PDF).
At the Brooklyn, New York, law firm of Lozner & Mastropietro, our lawyers represent clients so they do not have to face their work injury matters alone. We help clients and their families navigate the complicated and diverse avenues of compensation. Our attorneys have more than 50 years of combined legal experience handling cases for injured individuals across the state. Contact Us today for a free consultation with one of our experienced compensation lawyers.
There are no up-front costs for fees because Workers’ Comp attorneys are paid only if you win your worker’s compensation case; and the judge who presides over your case sets the fee. An experienced Worker’s Compensation attorney will:
- Work closely with you to establish evidence to support your eligibility for workers’ compensation benefits
- Protect your right to see the doctor of your choice
- Protect your right to all hearings and appeals provided by law
- Seek workers’ compensation benefits in “independent contractor” situations where you have most or all of the rights and responsibilities of employees
- Ensure that your doctor completes and files all necessary forms to allow you to recover for lost wages, medical expenses and partial or full disability
Meet With Our Workers’ Compensation Attorneys
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 have been injured on the job; at a construction, demolition, excavation, or manufacturing site, or you simply need more information, please call us at 917-920-9431.
Frequently Asked Questions about Workers’ Compensation
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 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.