The New York Workers’ Compensation Law requires most employers to carry insurance that provides workers’ compensation benefits to employees who suffer an injury or illness on the job. In some situations, your employer or the insurance company may make it difficult for you to get benefits — or you may receive less than the compensation you deserve. You can count on The Law Office of Ricky Stern to help you to recover the full benefits you the law provides.

New York Workers’ Compensation Law

Under a specific New York statute, most employers must carry insurance to provide workers’ compensation benefits to employees who are injured in an on-the-job accident or suffer a work-related illness. All employees are covered, including part-time and full-time employees. The coverage begins as soon as you start your job — there is no waiting period to be eligible for the benefits.

Workers’ compensation is a no-fault system that provides benefits regardless of how an accident or illness happened. Under the system, an injured worker’s only benefits are provided by workers’ compensation. In most cases, you cannot sue the employer for on-the-job injuries, since the benefits are provided regardless of fault.

However, the benefits are not automatic. The provisions of the law that apply to receiving benefits are complex. They establish specific procedures that must be followed for an injured worker to receive benefits. Timelines and deadlines apply throughout the process. If you miss a timeline or deadline, you could lose your ability to get benefits.

Insurance companies are in business to make money. Even if you follow the right process, it’s not unusual for the employer or insurance company to dispute or deny a workers’ compensation claim. You are entitled to legal representation during the whole process. Sometimes, having help from a knowledgeable lawyer is the only way you can get the benefits the law provides.

If you’re injured at work, the best strategy is to contact a lawyer even before you file the workers’ compensation claim. Your lawyer can help you make certain that the claim has all the necessary information to support your entitlement to benefits. At The Law Office of Ricky Stern, we help injured workers at all stages of the claim process, from filing the initial claim, to representation in hearings, and negotiating settlement terms that are fair and get you what you deserve.

Workers’ Compensation Benefits

The New York workers’ comp law provides a wide range of benefits for injured workers. Specific compensation includes:

• Coverage of all medical expenses, with no deductibles or copays, for the entire period of treatment
• Lost wages for work missed due to the injury, usually at a rate of two-thirds of your average weekly earnings, up to a maximum amount
• Permanent disability payments if an injury results in a permanent physical impairment affecting your ability to return to your job
• Difference between past and present earnings, if you receive reduced earnings due to the injury
• Cash payments for specific permanent impairments
• Vocational rehabilitation services for re-training or re-education necessitated by the injury
• Death benefits for dependents, if the injury is fatal to the worker

In a specific case, many factors affect the amount of New York workers’ compensation benefits you receive. The factors include the type of injury, length of recovery, whether (and when) you can return to work, permanence of the injuries, and the evidence you submit to document the injury.

Representation by an experienced workers’ compensation attorney can make a big difference in successfully proving your entitlement to the available benefits. If you don’t have a lawyer help with your case, you may well receive much less than you deserve. And if the employer or insurance company denies your claim, you may end up with nothing. Don’t let that happen. At The Law Office of Ricky Stern, your first consultation is completely free of charge and without obligation, so you have nothing to lose by talking with us about your workers’ compensation case.

What To Do If You’re Injured at Work

The most important priority after a work injury is getting professional medical help. Go to the emergency room if necessary, or make an appointment to see a doctor. In New York, you are entitled to choose your own medical professionals to treat you.

As soon as possible, you also need to notify your employer of the accident and your injury. This notification is required by the law, but it does not entitle you to benefits. To receive benefits, you must file a separate workers’ compensation claim, which is subject to specific requirements in the law. In many cases, you will benefit from contacting a lawyer even before you file the claim. With assistance from a lawyer, you can concentrate on recovering from your injury, rather than trying to comply with the complicated requirements of the workers’ compensation system.