Written by: Jesse Minc Portrait Jesse Minc

Bronx Attorneys Assisting Victims of Workplace Accidents

The personal injury lawyers at Jesse Minc Personal Injury Law dedicate themselves to helping people injured on the job get the full benefits available to them, whether through the Workers’ Compensation insurance system, or through a formal lawsuit seeking cash compensation for pain and suffering, medical bills, lost wages, and other forms of money damages. We understand how stressful it can be to be injured in an accident on the job, no matter who was responsible for it, and are dedicated to helping accident victims in the Bronx and all over New York City obtain financial compensation and peace of mind if they are injured and unable to work any longer. Our Bronx workers’ compensation lawyers work diligently to compile all of the necessary evidence to prove your claim and to account for any arguments that an insurer or defendant may raise in an effort to deny you the compensation to which you are entitled. We combine decades of legal experience with a commitment to excellence and intimate knowledge of the law to assist our clients in getting many types of benefits, including workers’ compensation payments for medical treatment and doctors’ bills.

Understanding the Workers’ Compensation System

Workers’ compensation in New York is a form of insurance for employees who get injured or become ill on the job, whether due to negligence or any other reason. With respect to workers’ compensation, a showing of fault is not required. If you are hurt or rendered so sick as to be unable to work, and you can trace your disability to your job, you are likely entitled to receive compensation. Your employer is, in most cases, required to pay into the system so that money is there in case you need it. Cash benefits are intended to compensate you for missed wages, which benefit is known as “indemnity” in the parlance of the system. These benefits are calculated based on how much you were making at the time that you were injured and the extent of that injury. Medical benefits cover health care costs directly related to the injury or illness and your recuperation. They include hospital stays, surgical procedures, prescribed medication, and rehabilitation sessions, among other treatment that is deemed necessary by your physicians. In some situations, you may also be able to seek reimbursement for travel to and from your doctor.

Proving Eligibility for Workers’ Compensation Payments for Medical Treatment

To get medical and other workers’ compensation benefits, you will need to prove that you are eligible under state law. First, you will need to alert your employer to the injury or illness within 30 days of when it happens or begins. Then, you need to file a claim with the New York State Workers’ Compensation Board within two years of the accident. Never accept any payout from your employer or an insurance company before consulting an experienced Bronx attorney. Employers often try to avoid or reduce liability for benefits by making small payments to workers in exchange for signing away their rights. Do not allow yourself to be duped into accepting pennies on the dollar as compensation for your injuries on the job. Our lawyers will help you understand your rights so that you can make informed decisions that will ensure you the highest degree of benefits possible under the law.

In connection with making a successful workers’ compensation claim, you will need to show in your claim that you were injured or contracted an illness in a way that “arose out of” your work. A delivery truck driver injured in a car accident on his or her route, for instance, likely has a strong claim for workers’ compensation payments for medical treatment. The same goes for a construction worker injured by falling debris on a job site. New York’s workers’ compensation law creates a “no fault” system. That means that you do not need to prove that your employer or a coworker is to blame for the injury or illness in order to get benefits. It is also always advisable to consult with a personal injury lawyer if you are hurt on the job, as you may be entitled to file a personal injury lawsuit in addition to bringing a claim for workers’ compensation benefits. It is important to know that you do not have to choose between bringing a workers’ compensation claim and a personal injury lawsuit; in fact, many injured workers bring both types of claims together, and our lawyers can help you do this successfully if we believe that you have a viable personal injury lawsuit claim in addition to a viable workers’ compensation claim.

To get medical benefits, you also need to show that the treatment that you are seeking is directly related to your illness or injury. Even if you can return to work immediately after the accident, you can still get benefits for any related medical expenses. In some cases, however, you need to get approval for a treatment, procedure, or testing before it is performed, depending on the cost. An insurance provider also has the right to require you to seek an independent evaluation by a qualified physician.

How the Workers’ Compensation Attorneys at our Bronx Firm Can Help You

At Jesse Minc Personal Injury Law, we are dedicated to helping clients get back on their feet after an accident. Our lawyers are successful in court or at the negotiating table in more than 95 percent of the cases that we handle. We also limit the cases that we take in order to ensure that each client gets the personalized attention that he or she deserves. We offer a free consultation to discuss your situation and serve clients in Manhattan, Brooklyn, the Bronx, and Queens, as well as Nassau, Suffolk, and Westchester Counties. We generally do not charge a fee in construction accident and other work injury cases unless we are successful. Call us at (718) 354-8000 or contact us online to schedule a free initial consultation. Se habla espanol.