In the Bronx, employees who suffer injuries or become ill on the job can claim benefits through New York’s workers’ compensation system. These benefits should be afforded to all eligible employees who suffer work-related injuries. But unfortunately, many hardworking claimants face difficulties, delays, and/or denials from their employer or their employer’s insurance company.
At The Perecman Firm, our team fights for the rights of injured workers in the Bronx and throughout New York City. We know how challenging it can be for employees to get the benefits they deserve. A Bronx workers’ compensation lawyer from our law firm will demand that you receive the medical treatment and financial support necessary to get back on your feet again.
Contact us today for a free consultation with a worker’s compensation claim or to appeal a denied claim.
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When Do You Need a Lawyer for a Workers’ Comp Claim?
The workers’ compensation system in New York allows qualifying employees to obtain money for medical treatment and lost wages due to a work injury or illness. These benefits should be provided regardless of fault. That means that you can apply for workers’ comp even if you made an error that led to your job injury.
It sounds straightforward, but the reality is not. Insurance companies look for reasons to delay, deny, or limit valid workers’ comp claims. Without help, qualifying workers could miss out on vital benefits to protect their lives and livelihoods until they get back to work.
You are not required to hire a workers’ compensation lawyer to apply for benefits. However, the workers’ comp process can be fraught with obstacles. An experienced attorney can help you navigate the system to avoid roadblocks that could tie up your claim.
A workers’ comp lawyer can complete your application and other necessary documents, provide strong evidence of your condition and demand the insurance company give your claim a fair assessment. If your claim has already been denied, you may need to appeal the decision to the New York Workers’ Compensation Board or the courts. If you didn’t work with an attorney for the initial application, The Perecman Firm strongly recommends you speak with a Bronx workers’ compensation lawyer before undertaking an appeal alone.
How Our Firm Can Make a Difference With Your Work Injury Claim
Why Trust Your Case to Our Bronx Workers’ Comp Lawyers?
The stakes are high after a work accident, especially if you were catastrophically injured. You may be sidelined from the job, but you still need to pay the bills and put food on the table. With so much on the line, you don’t want to put your case in any lawyer’s hands. You want to work with a top-quality law firm that prioritizes client satisfaction and getting results that count.
When choosing the right attorney for you, focus on the firm’s experience and track record. You can rest assured your case is in good hands at The Perecman Firm Our Bronx workers’ compensation lawyers have:
- A track record of recovering over half a billion dollars in compensation for our clients
- Recently secured two of the 20 largest work accident settlements in the U.S., according to TopVerdict™
- Over four decades of proven legal experience
- Accolades from numerous prestigious legal publications, including the National Law Journal
- Extensive trial experience
- The respect of our peers ― many attorneys refer their most challenging cases to us
Our full-service law firm will manage aspects of your workers’ compensation claim so that you can focus on rest, rehabilitation, and getting back to daily life again.
What Do Workers’ Comp Benefits Cover?
Workers’ compensation in New York can provide benefits such as:
- Payment for all reasonable and necessary medical treatment
- Partial wage replacement
- Vocational rehabilitation
New York also provides death benefits to qualifying family members and dependents if a workplace injury or illness proves fatal.
How Long Does It Take to Receive Benefits?
The length of time you may need to wait to begin receiving workers’ compensation benefits often depends on whether your employer or its workers’ compensation insurer chooses to contest your claim to benefits.
In many cases, insurers will accept a workers’ comp claim and begin paying for medical treatment and disability benefits. Under New York workers’ compensation law, your employer’s insurer must start paying workers’ compensation benefits within 18 days of your notice of injury after you have missed at least seven days from work.
However, if the insurer declines your claim, you may need to pursue relief from the New York Workers’ Compensation Board. Proceedings before the board can take anywhere from several weeks to several months. A Bronx workers’ compensation lawyer from The Perecman Firm will work efficiently to help resolve your claim as quickly as possible.
When You Deserve More Than Workers’ Comp
Under New York workers’ compensation law, you typically can not file a personal injury claim against your employer or a co-worker for a work accident. Instead, a workers’ compensation claim is usually an injured worker’s sole legal claim to recover money from their employer.
However, New York law has several exceptions to this exclusivity rule for workers’ comp, including where an employer fails to carry workers’ compensation insurance coverage, where an employer intentionally causes the worker’s injury, or if the employee works for the NYPD, FDNY, or NYC Department of Sanitation.
An injured worker may also have a viable personal injury claim if a third party caused the workplace accident. For example, if you sustain injuries due to a construction accident or as a result of the negligence of someone other than your employer, you might be entitled to recover compensation through a personal injury lawsuit.
A successful personal injury lawsuit could provide additional compensation for losses not covered by workers’ comp, such as the total amount of your lost income, long-term care expenses, and pain and suffering.
Deadlines for Workplace Injury Claims
To file a workers’ comp claim in New York, you must notify your employer of the accident and your injuries within 30 days of the incident. There is also a statute of limitations requiring a formal workers’ compensation claim to be filed with the state within two years.
The deadlines for filing and pursuing your workplace injury claims make it essential to speak with a Bronx workers’ compensation lawyer from The Perecman Firm as soon as possible. You want plenty of time to build a strong and compelling case for compensation.
Tips for Protecting Your Rights After an Injury at Work
Tips that can help you protect your rights after an on-the-job injury include:
- Take photos of the accident scene, including any tools, equipment, machinery, or vehicles that may have been involved.
- Seek immediate medical attention. If you delay seeking treatment, your employer may deem you able to work or determine that your injuries happened outside of work.
- Obtain copies of your medical records, bills, invoices, and pay stubs.
- Avoid engaging in physical activities or travel if you claim to be unable to return to work. Insurers sometimes conduct surveillance of injured workers to dispute their workers’ compensation claims.
Finally, speak with a Bronx workers’ compensation lawyer at The Perecman Firm to identify all possible sources of compensation for you.
How to File a Workers’ Comp Claim after a Jobsite Accident in NY
To file a workers’ comp claim in New York, you must:
- Notify your employer of the accident and any injuries within 30 days of the incident in writing, and keep a copy of this notification for your records.
- File a Form C-3 with your local district office of the state Workers’ Compensation Board.
- Submit to an independent medical exam.
- If your employer or its insurer disputes or denies your workers’ comp claim, you may request further action from the board by filing a Form RFA-1W. If you have legal counsel, your attorney may file a Form RFA-1LC. You can request resolution of your claim through conciliation, which can result in a settlement between you and your employer, or by requesting a formal hearing before a workers’ compensation judge who will issue a binding ruling in your case.
Filing for workers’ compensation is a document-heavy process with many deadlines to manage. Rather than handle it yourself, put your case in the hands of a skilled workers’ compensation lawyer.
Common Workplace Injury Cases We Can Help With
A Bronx workers’ compensation attorney from The Perecman Firm can help you with all types of workplace injuries and illnesses, such as:
- Broken bones
- Crush injuries
- Entanglement injuries
- Perforation injuries
- Burns
- Toxic exposure
- Nerve injury
- Torn ligaments, tendons, or muscles
- Herniated discs
- Spinal cord injuries
- Internal organ injuries
- Head and facial injuries
- Hearing or vision loss
- Traumatic brain injury
- Amputation
Life after a catastrophic job injury may never be the same again. But with help from the right workers’ compensation lawyer, you can build a strong case for maximum benefits.
We Fight for Workers in the Bronx
New York City is filled with dedicated workers. The Perecman Firm has represented workers harmed in many types of occupations, including:
- Construction workers and laborers
- Iron and steelworkers
- Industrial equipment operators
- Truck drivers
- Electricians
- Utility workers
- Auto mechanics
- Appliance and HVAC mechanics
- Maintenance and repair workers
- Police officers, firefighters, and EMS workers
- Healthcare workers
- Refuse and recycling collectors
- Roofers
How Our Workers’ Compensation Lawyers Can Help You
The last thing you need to do while recovering from your injuries is organize and complete the paperwork that accompanies a workers’ comp claim. A Bronx workers’ compensation attorney from our law firm will do it all for you. We will:
- Investigate the accident and recover evidence to support your case
- Identify all potential sources of income for you, including whether you have a viable personal injury claim
- Document your injuries, disabilities, expenses, and losses
- Complete and file all claims for you
- Fight to recover maximum compensation on your behalf
Call or contact The Perecman Firm for a free, no-obligation case evaluation to speak with a Bronx workers’ compensation lawyer today.