Broken Arm

If you have suffered an injury at work, many things must be running through your head. You are probably worried about your health, whether you will recover completely, if and when you will be able to go back to work, and many other matters. NY workers compensation lawyers in Bronx NY are ready to take those worries off your shoulders and get to work on your case. Read on to find out all you need to know about workers’ comp, your rights, and the damages you are entitled to recover.

Bronx Attorneys Advocating for Victims of On-The-Job Injuries Throughout NYC

The knowledgeable attorneys at Jesse Minc Personal Injury Law represent people who have been injured in a wide range of accidents on the job. Whether it is a slip and fall in a busy office lobby, a construction accident on a job site, a car crash in a company vehicle, or a heavy equipment mishap on a factory floor, our Bronx workers’ compensation lawyers promise to work tirelessly to get clients the full compensation that may be available under the law. We limit the number of cases that we take in order to ensure that the people whom we represent get the personal attention that they deserve. Our record of success speaks for itself: we have a greater than 95 percent success rate at trial and at the negotiating table with respect to the personal injury cases that we accept.

How does Workers’ Compensation work?

Workers’ compensation in New York State is a form of insurance for employees who get injured or become ill on the job. In order to be entitled to claim workers’ compensation benefits under New York’s Workers’ Compensation Law, all that a worker must prove is that he or she was injured, or became ill, in the course of their employment (i.e., that the injury or illness “arose out of” their work). Businesses are required to pay into the workers’ compensation system by purchasing insurance, or by setting aside funds to pay for workers’ compensation claims, so that their workers have a financial safety net if they get injured at work. That includes money to cover medical bills and health care-related travel expenses, compensation for certain portions of any lost wages incurred during your time away from work due to your job-related injury or illness. If you are unable to return to work on a permanent basis, or if you need to take on lighter work that pays less because of your injuries on a permanent basis, you may be entitled to obtain compensation for a substantial portion of your previous earnings reimbursed through workers’ compensation. A skillful workers’ compensation lawyer in the Bronx NY can also obtain substantial settlements pursuant to Section 32 of the New York Workers’ Compensation Law if an injured worker is adjudged to have been totally disabled due to their work-related illness or injury, which can help the injured worker and his or her family recover financially after a catastrophic work accident.

Who can receive Workers’ Compensation benefits?

These workers’ compensation benefits are available for traditional employees but generally do not extend to independent contractors. The difference between the two classifications can be difficult to determine in some cases, and New York courts look to factors such as (i) whether the employer had the right to hire and fire the contractor at will, (ii) how the contractor was paid, (iii) whether the employer supplied materials for the job in question to the contractor, and (iv) whether the employer had the ability to control the means and methods of the contractor’s work in connection with the job on which the worker was injured in determining whether a worker was in fact an “independent contractor” for purposes of the Workers’ Compensation Law. It is best to consult an experienced workers’ compensation attorney in the Bronx to advocate on your behalf if there is any dispute over your status as an employee versus an independent contractor. Our workers’ compensation lawyers can assist you in proving that, under the circumstances of your work accident, you should be classified as an employee, rather than as an independent contractor, thus entitling you to workers’ compensation benefits if you are injured on the job.

How can you obtain Workers’ Compensation benefits?

Work with Bronx NY lawyers who will help you through the process of obtaining Workers’ Compensation benefits

To obtain workers’ compensation benefits, you need to file a claim with the New York State Workers’ Compensation Board within two years of the accident. You also need to inform your employer of an injury within 30 days of its occurrence. However, workers who contract a job-related illness such as Mesothelioma may be able to take advantage of special rules that provide more time to file for workers’ compensation benefits than workers who experience an acute injury caused in an accident. To be safe, injured workers should always report any injury or illness that they sustain at or because of work immediately, and should never accept any cash payments or other forms of payments from employers before discussing your case with an experienced Bronx workers’ compensation attorney, as accepting this type of money may totally foreclose an injured worker from receiving any workers’ compensation benefits at all. Contact our network of Bronx work compensation lawyers today at (718) 509-6116 to learn all about this and other dirty tricks that employers may try to play on you to avoid compensating you if you are injured on the job.  We will connect you with the right Bronx workers’ compensation lawyer for your case.  

How does Workers’ Compensation work in New York?

Workers’ compensation is a “no-fault” program in New York. That means that you do not need to prove that your employer or a coworker was negligent or otherwise caused you to be harmed in order to get the benefits. Instead, you must prove that you were injured in an accident – or contracted an illness – that happened on the job and within the scope of your work. The language applied by the courts, and as written within the actual text of the Workers’ Compensation Law itself, only requires proof that an injury “arose out of” an employee’s work to entitle the employee to compensation under the workers’ compensation system.

Regarding the “Scope of Work” Question

The “scope of work” question often comes up in workers’ compensation cases, and is often dispositive of whether or not an injured worker will be entitled to collect workers’ compensation benefits at all, no matter how badly they are injured. Employers, insurers, and judges look at several factors to determine whether a person was acting in the scope of his or her employment at the time of an accident. These factors include whether the employer was directing or controlling the work at the time, as well as whether the injured worker’s actions were motivated by a desire to further the interest of his or her employer. It is important to retain knowledgeable Bronx work accident lawyers before completing any applications for workers’ compensation benefits, as you may unwittingly say or write something that permits your employer and their insurance company to avoid paying you the benefits you deserve.

Worker’s Compensation is an Exclusive Remedy

Another important point to know about workers’ compensation is that it is an exclusive remedy, and you typically cannot bring a personal injury claim against your employer or a coworker through a personal injury lawsuit. However, this does not mean that you cannot bring a personal injury claim against a third party that may have caused your injuries, such as a careless driver or a manufacturer of faulty equipment. Our Bronx accident lawyers have among the best track records around in bringing third-party lawsuits against those responsible for injuring workers throughout the Bronx NY and New York City, and are standing by to help you do the same if you contact us today at (718) 509-6116.

Speak to a Workers’ Compensation Lawyer in the Bronx NY Today to Learn More About Your Rights to Compensation

At Jesse Minc Personal Injury Law, we offer clients access to experienced and knowledgeable attorneys with a substantial array of resources at their disposal to help prove every key element of your case in the proper manner. We believe that our clients deserve not only the best legal representation, but also top-quality client service, and our lawyers will provide all clients with their personal cell phone numbers so that clients are always able to receive prompt updates regarding the progress of their cases. If your case is accepted, you will not need to go through a maze of assistants and paralegals to talk to the attorney representing you as is, unfortunately, the case with many other lawyers and law firms. We advocate for people throughout New York City, including in the Bronx, Manhattan, Brooklyn, Queens, and Nassau, Suffolk, and Westchester Counties. We do not charge a fee, or charge a penny of our expenses to you, unless we are successful and recover a settlement or collect on a judgment in your case. Call us at (718) 509-6116 or contact us online today to schedule a free initial consultation. Se habla español.

Interesting Facts About Workers’ Compensation

Here are some facts about Workers’ Compensation you might not have known about:

  • The program first started being implemented in the early 1900s
  • Workers’ Compensation programs are regulated by the states and implemented by a state agency
  • The program delivers payment for medical treatment, rehabilitation services, and lost wages
  • Recipients suffer from occupational injuries or illness
  • When states first adopted Workers’ Compensation, each state’s program had very little in common with another and benefits were also very different
  • The basic principle underlying this program is that workers receive benefits without regard of fault
  • The process many times involves litigation

Workers’ Compensation and Disability

Society’s evolving understanding of disability as a natural and normal part of the human experience is accompanied by a new approach when it comes to Workers’ Compensation. These days, there is a greater emphasis on helping workers return to work and become active participants in the labor market even after an incident that results in permanent disability.

This additional understanding on the meaning of disability has required much more coordination between disability programs. In many instances it means that employees will not only receive workers’ compensation benefits but Social Security disability insurance as well. This integration of disability benefits is widely accepted as a desirable public policy.

FAQ

How did Workers’ Compensation get started?

Historians tend to agree that the first program that addressed workers’ compensation appeared in Germany with what was referred to as Sickness and Accident Laws enacted in 1884. England soon followed in Germany’s footsteps.

Starting in the early 1900s, the United States adopted similar laws which were related to what was then called social insurance. By 1921 all but six states had adopted these laws.

Before the existence of Workers’ Compensation laws, it fell upon the injured worker to try and recover damages such as lost wages and medical expenses. To do so, they had to prove negligence on the part of the employer in what generally turned out to be a long, uncertain process which, if that was not enough, cost them quite a bit of money.

Certain defenses used by employers resulted in them not having to face liability for their workers’ injuries. This complicated the process for the injured workers even more.

Why is Workers’ Compensation a state program and not a federal one?

As opposed to unemployment compensation insurance or Social Security disability insurance, Workers’ Compensation is state-run. The main reason behind why this is so is the fact that in the early 1900s the federal government considered everything related to social insurance and welfare to be the responsibility of the states. Back then the states took care of all social problems by appropriating money and providing institutions or homes to relieve the victim’s suffering.

It wasn’t until the early 1970s that Congress appointed the National Commission on State Workmen’s Compensation laws.

What benefits are included in Workers’ Compensation claims?

Employees that suffer an injury or illness at work may be entitled to certain benefits that cover medical, disability, vocation, and even death. Laws specify that payment should be provided in order for the employee to be able to cover reasonable and necessary medical treatments aimed at relieving the physical damage done by the injury or disease. Lost wages because of the injury and funeral dependency benefits should the employee die are also included. Vocational and rehabilitation services other types of benefits.

How does temporary disability work?

The first payment an employee receives for lost wages when injured at work is referred to as temporary total disability benefits. The employee receives it when unable to work due to recovering from the injury or illness. They do not fully cover the amount the employee was earning prior to being injured. In some cases, the employee must take sick leave before these benefits kick in.

In cases where the employee is able to go back to work with certain physical limitations, may be made to perform a different job, one that is more compatible with their physical abilities.

Temporary disability payments are paid while the employee is actively treating their injuries or healing from it. They will continue being paid until the worker has been allowed to return to work without limitations.

When does it become a permanent disability?

Once a doctor has determined that any additional physical treatments will not result in any advances in the employee’s physical recovery, the employee is considered to be in permanent disability. It may be that the worker has lost both arms, both legs, or both eyes; situations in which the employee suffers a spinal cord injury that results in loss of movement of an arm, a leg or the trunk, brain injuries, second-and third-degree burns, are also considered causes for permanent disability.

What are dependency benefits?

These benefits are paid to the family of a worker who died due to an occupational injury or disease. The amount is calculated using several factors and includes the number of dependent minors. Spouse’s benefits generally continue for life or until they remarry.

What are the most common disputes regarding Workers’ Comp?

Disputes over benefit entitlements can happen at any point in the life of the claim and can be due to a variety of issues, such as:

  • The amount of the initial compensation
  • Whether or not the disability is related to the injury or disease
  • If and when the worker is able to return to work
  • If the physical limitations are temporary or permanent
  • Whether the employee is entitled to receiving continued wage-loss benefits
  • What permanent disability benefits the worker is entitled to and for how long

Our Workers Compensation Lawyers in NYC are Ready to Help you with your Case

Working with a Workers Compensation lawyer NY when you have suffered an injury at work in Bronx NY is the only thing that makes sense. As you have gathered from the information above, workers’ comp has many layers of complexity, and the result of the decisions taken can have repercussions in your life for a long time, if not forever. NY workers compensation lawyers specialize in this complex area of the law and are familiar with all its intricacies. Make an appointment today with our team of knowledgeable attorneys in Bronx NY. It can make all the difference to you and even to your loved ones. Call us at (718) 509-6116 or contact us online today to schedule a free initial consultation. Se habla español.

Jesse Minc and his firm do not represent injured workers directly in connection with workers’ compensation claims, but refer them to Workers Compensation attorneys for handling of such claims.  Jesse Minc and his firm do represent injured workers in “third party” cases arising out of workers’ compensation accidents. Click the “Disclaimer” link below for further information.