Being injured at work in Manhattan can be a frightening experience. What happens when you can’t return to your job right away? How will you pay for your medical expenses? Will you have a job to return to once you’ve recovered?
In New York City, several different laws protect workers injured on the job. Unfortunately, without a deep understanding of your rights and how these laws work, insurance companies and employers may take advantage of you while you’re in a vulnerable position.
Have you been injured at work? Discuss your situation with an experienced workers’ compensation attorney as soon as possible. At The Perecman Firm, we offer injured workers valuable legal advice and much-needed support. Set up a free consultation with one of our skilled attorneys today for more information on your legal options for recovering the maximum benefits you deserve.
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How Does Workers’ Compensation Law Work in Manhattan?
Workers’ compensation is an insurance program that most employers in New York are required to buy into. Any employee who suffers a work-related illness or injury can file a claim if their employer participates. The program provides cash and medical benefits to eligible workers with workplace injuries and occupational illnesses.
Unlike in liability insurance claims, fault does not factor into workers’ comp. An employee can file for benefits no matter how an injury happens, as long as the injury occurs at work or while off-site but when performing work-related duties. However, if an injury results from intoxication or intentional self-harm, the employee forfeits their right to receive workers’ compensation benefits.
How Our Manhattan Workers’ Compensation Attorneys Can Help You
Getting the benefits you're entitled to might be a challenge, but partnering with a seasoned workers' compensation attorney can boost your likelihood of submitting a successful claim or challenging a denied or underestimated one.
At The Perecman Firm, we advocate for injured workers in New York and can help by:
- Determining your eligibility for workers’ compensation benefits and potential options for pursuing further compensation
- Gathering the necessary documentation to support your claim
- Filing your claim for you
- Representing you at appeals if the claim is denied or undervalued
- Negotiating a settlement with the workers’ comp insurer
- Investigating other options for pursuing maximum compensation, such as a third-party claim or a lawsuit under the New York Labor Law
With over 40 years of legal experience and insight, our team has what it takes to mount a strong workers’ compensation claim on your behalf.
What Types of Injuries Qualify for Workers’ Compensation Benefits in Manhattan?
Many types of injuries and illnesses may qualify an employee for workers’ compensation benefits in New York City. Some of the most common work-related injuries include:
- Repetitive stress injuries
- Broken bones
- Soft tissue injuries
- Back, neck, and spine injuries
- Knee injuries
- Shoulder injuries
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Hearing loss
- Vision loss
- Illness due to workplace exposure to toxins or chemicals
- Internal injuries
These injuries can result from falls, car accidents, overexertion, machinery mishaps, and many other types of job-related accidents. Unsure whether you qualify for benefits? Speak with our knowledgeable Manhattan workers’ compensation attorneys.
Who Is Eligible for Workers’ Compensation Benefits in Manhattan?
Nearly all employers in New York must carry workers’ compensation insurance, although some exceptions exist. If you are a covered employee and you get hurt or sick on the job, chances are you can apply for workers’ compensation benefits.
Additionally, only employees injured while on the job or conducting work-related duties can apply for benefits. If you are hurt at work while intoxicated by drugs or alcohol at the time, you are not eligible for benefits. Similarly, if an individual purposely injures themselves, they lose the right to recover workers’ compensation.
What Is the Average Compensation Settlement for Work Injuries?
Typically, workers’ compensation benefits pay for an injured employee’s medical expenses and replace a portion of lost wages while they recover. In some situations, an injury may cause a significant or permanent disability, in which case the worker is entitled to additional benefits. Our attorneys can review your unique situation to give you a better understanding of the potential value of your claim.
If a workplace accident results in your loved one’s death, the New York workers’ compensation program also offers survivor benefits.
Appealing a Denied or Undervalued Workers’ Compensation Claim
The workers’ compensation program is supposed to protect injured employees. Unfortunately, mistakes can happen, and an insurer might deny what should be a valid claim. Appealing a denied or undervalued claim can be challenging, especially if you are still in pain and unable to work.
You can fight a denial by filing an appeal and taking your case before the Workers’ Compensation Board. But instead of trying to do this yourself, seek help from an experienced Manhattan workers’ compensation attorney. At The Perecman Firm, we can act as a vital ally, helping you prepare for your hearing and gathering the necessary documentation to fight the denial.
Other Potential Avenues for Additional Compensation
Other avenues may be open to you for recovering valuable compensation for your injuries in addition to workers’ compensation.
If the careless actions of someone other than your employer or a fellow employee caused your accident, you could file a lawsuit against them. Examples of liable third parties include the manufacturer of a defective part or an at-fault motorist in a work-related crash.
Violations of New York Labor Law can also give rise to a claim against employers, contractors, property owners, and other liable parties in certain circumstances – especially in construction site accidents. These claims may compensate for losses such as full replacement of lost wages, pain, suffering, diminished quality of life, and other damages not covered by workers’ compensation.
Depending on the nature of your injury, you may also be eligible to apply for Social Security disability benefits. These benefits are separate from workers’ compensation benefits and may be pursued concurrently.
Will Job Security Be Affected by a Workers’ Compensation Case?
Many injured workers worry that they put their jobs at risk by pursuing the workers’ compensation benefits they’re entitled to. However, employers cannot legally fire an employee in retaliation for filing a workers’ compensation claim after a workplace injury. While an employer can fire an employee who is concurrently pursuing workers’ compensation benefits, not only is citing workers’ comp as a reason for dismissal illegal but so is using another excuse as a pretext for the firing.
Employees should also understand that prospective employers cannot deny employment solely based on past workers’ compensation claims.
Why Hire a Manhattan Workers’ Compensation Lawyer?
Recovering compensation after a workplace injury shouldn’t be complicated or stressful. Give yourself time to heal and leave the hard work to the skilled workers’ compensation team at The Perecman Firm Our NYC workers’ compensation lawyers can handle your claim for you, moving it through the system efficiently and taking the burden of pursuing your rights off your shoulders.
To set up a free workers’ compensation consultation, contact our Manhattan office today. We want to help you recover the maximum benefits you deserve.