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 firm’s record of success speaks for itself: we have a 95 percent win rate at trial and at the negotiating table with respect to the personal injury cases that we accept into our firm.
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 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.
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.
Bronx 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 team of Bronx work accident lawyers today at (718) 354-8000 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.
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.
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.
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 and New York City, and are standing by to help you do the same if you contact us today at (718) 354-8000.
Speak to a Workers’ Compensation Lawyer in the Bronx Today To Learn More About Your Rights to Compensation
At the 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) 354-8000 or contact us online today to schedule a free initial consultation. Se habla espanol.