If you've been hurt at work, it can be very disruptive to your daily life. If you are the primary income earner in your family, it can also make life difficult for the people who depend on you.
Workers' Compensation is an area of law created to help employees who get hurt during the course of their employment. The right workers' compensation attorney can help you get the benefits you're entitled to, including medical coverage and lost wages, until you are well enough to get back to work.
Employers
If you are an employer with an injured employee and you do not have workers' compensation insurance, the very existence of your business may be on the line. Paying for an injured employee's medical bills and lost wages can be very expensive without insurance.
Not every injury sustained by an employee is covered by workers' compensation and you should discuss your unique situation with a qualified attorney to see what your options are.
Whether you are an injured employee or an uninsured employer,
The Legal Referral Service is a non-profit public service of the New York City Bar Association and we can help you find a Workers' Compensation Lawyer who is right for you.
You can reach one of our experienced referral counselors by calling
(212) 626-7373.
Costs
There is no cost for a referral. When you call us, a lawyer or paralegal will answer the phone and help you find an appropriate way to handle your legal problem. There is no charge for talking to a member of our staff.
Q&A
1. What is Workers Compensation?
1. What is Workers Compensation?
Workers compensation is the payment for a portion of your lost wages and all related medical benefits that you as an employee is entitled to if you are in an accident, contract an occupational disease or are otherwise hurt on the job. It does not matter who was at fault, as long as the injury arises out of, and, is in the course and scope of the employment.
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2. What is the cost of hiring a workers compensation lawyer?
2. What is the cost of hiring a workers compensation lawyer?
Workers compensation lawyers are paid on a contingency fee basis, which means you do not pay any money up front. There is no consultation fee for workers compensation cases. If you are awarded money for your case, the Workers Compensation Law Judge will determine what the lawyer should receive. The attorney’s fees are deducted from the amount you are awarded. You must not pay a workers compensation lawyer directly.
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3. What if my injury occurred at work but was caused by a person or company other than my employer?
3. What if my injury occurred at work but was caused by a person or company other than my employer?
If your injury was caused or contributed to by someone other than your employer or co-employees you may have a Third Party Action in addition to your workers compensation claim. Third Party Actions include lawsuits against equipment manufacturers, other contractors, general contractor, landowners, facility owners and other non-employer parties whose products or services contributed to the occurrence of an accident. Under Workers Compensation Law, a compensation claim is a workers' sole remedy against the employer, but lawsuits may be initiated against third parties for contributory negligence, product defects, etc. Such lawsuits are important to consider because they may allow you to collect money damages for pain and suffering, full lost wages and future wages and other losses that are not generally available in a Workers Compensation award.
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4. I was working on a construction site when I was hurt due to an unsafe condition. Am I still restricted to workers compensation or may I sue for pain and suffering and full lost wages?
4. I was working on a construction site when I was hurt due to an unsafe condition. Am I still restricted to workers compensation or may I sue for pain and suffering and full lost wages?
There are special rules in New York regarding accidents at constructions sites caused by unsafe work conditions. This may entitle you to a negligence claim and full damages including pain and suffering and lost wages and compensatory damages. Rather than a workers compensation lawyer, a negligence or personal injury lawyer should be consulted.
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5. How to Look for a Third Party Claim:
5. How to Look for a Third Party Claim:
If the equipment you were using was faulty, the manufacturer may be liable for damages. If there is a maintenance company or custodian who is responsible for keeping your workplace clean or safe and that company’s actions contribute to causing your injury, they may be responsible to pay your additional damages. A vehicle owned, operated or repaired by someone other than your employer may have injured you. Chemicals you use at work may have been negligently manufactured or instructions for safety precautions poorly written. Think about all the factors that led to your injury or disability and explore who else may bear some responsibility.
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6. Workers Compensation vs. Personal Injury Actions
6. Workers Compensation vs. Personal Injury Actions
Workers Compensation is not a lawsuit. Your claim is for insurance money that your employer is required to have available in case employees get hurt on the job. Workers compensation does not pay for your pain and suffering nor do they seek to punish the employer. It only covers a portion of lost wages and medical treatment. You do not have to prove that your employer was at fault or did anything wrong. It is only necessary to show that you were at work when you were injured and that the injury was caused by the work.
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7. The Initial Consultation with Your Workers Compensation Lawyer
7. The Initial Consultation with Your Workers Compensation Lawyer
At the initial consultation, your workers compensation lawyer will ask you details about your accident. You will need to provide information about how, when, and where the accident occurred, and the extent of your medical treatment since then. Expect to fill out forms and medical releases.
The workers compensation lawyer will eventually want to review:
How you were injured
Where you were injured
Evidence of your income
Name and address of your employer
Name and address of your doctor
Emergency room records
Names of witnesses to the accident
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8. How Long Will My Workers Compensation Case Take?
8. How Long Will My Workers Compensation Case Take?
Notify your employer and begin the paperwork immediately. The length of your workers compensation case depends on many factors, such as the type of injury, whether you underwent surgery, when the surgery took place, etc.If the case is being disputed, it may take one to two years to be resolved.
