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Brooklyn Workman's Compensation

If you are injured at work you may be entitled to receive benefits under New York's workers' compensation law. Under the worker's compensation law employees who are injured at work, regardless of fault are entitled to certain benefits through the employer's workers' compensation insurance plan. Workers' compensation is often referred to as workman's compensation. Benefits include medical expenses and disability payments. In the case of an employee who dies, that employee's family may be entitled to workers' compensation benefits. In exchange, the injured employee gives up the right to sue his or her employer for negligence. While the law gives employees the right to receive benefits under workers' compensation for a back injury, neck injury, head injury, broken bones, brain injury, or other types of injuries and illness suffered at work, receiving such benefits can become complicated. Furthermore, injured employees may be entitled to receive compensation beyond what is available through workers' compensation. If you were injured at work, it is important that you immediately contact an experienced Brooklyn workman's compensation lawyer who will review the details of your case and help you receive the benefits and compensation to which you are entitled.

New York workers' compensation law

New York's workers' compensation laws state that injured parties are entitled to compensation if they sustain a work-related injury. Compensation often comes in the form of medical expenses, lost income and benefits, loss of ability to earn, and more. New York's workers' compensation laws are generally tailored to benefit employers by lessening their liabilities for work-related injuries sustained by employees. These laws work as an agreement between the worker and the employer – in exchange for giving up the right to sue when it comes to workplace injuries, employees are given the opportunity to receive compensation for medical expenses, professional rehab, and lost income.

Causes of workplace accidents and injuries

There are many types of workplace accidents that could lead to serious injuries. Here are just a few examples of the common causes of workplace accidents:

  • Slip and fall accidents
  • Car, truck or motorcycle accidents
  • Exposure to hazardous substances
  • Injury from faulty, defective, or dangerous equipment

In addition, some workplace injuries occur over time. Such injuries are sometimes referred to as repetitive stress injuries, continuous trauma injuries or occupational overuse injuries. Work-relative activities that can lead to repetitive stress injuries include assembly line work, jackhammering, sawing and cutting, writing, driving, stocking shelves, and massaging clients.

Pursuing a workers' compensation claim

Under New York law workers' compensation benefits are the "exclusive remedy" for an injured employee. This means that an injured employee is entitled only to workers' compensation benefits and is generally barred from attempting to collect additional compensation through a common law personal injury lawsuit. The practical effect of this provision is that it limits the amount of money that an injured worker would be able to recover to whatever workers' compensation provides, which is likely significantly less than what a victim might be able to recover in a personal injury lawsuit. For example, if a worker wins a personal injury lawsuit, the worker could be awarded medical bills, disability benefits, job replacement benefits or wrongful death benefits. The worker may also be awarded additional compensation including damages for pain and suffering.

However, despite the exclusive remedy provision, injured employees do not always have to settle for only benefits from workers' compensation insurance. It depends on the type of accident that led to the injury and who was negligent. For example, if a workplace injury was caused by a defective product, the manufacturer of the product may be liable based on a product liability claim. The injured worker may then be able to receive workers' compensation benefits and also file a product liability lawsuit against the manufacturer of the product to recover additional damages. If the workplace accident was due to the negligence not of your employer, but due to the negligence of a third party, you may be able to sue the third party in a personal injury lawsuit.

It is important to understand that just because you were injured at work does not mean that your employer will immediately approve workers' compensation benefits. Instead, your employer may challenge your eligibility for benefits.

Contact the Law Offices of Stephen Bilkis & Associates

Even though the law gives employees the right to receive workers' compensation benefits if they are injured at work, there are rules and procedures that must be followed in order to receive such benefit. It is therefore critical for you to contact an experienced workers' compensation attorney who will review your case and determine a course of action that will give you the best possible result. The staff at the Law Offices of Stephen Bilkis & Associates has experience handling workplace injury cases and workers' compensation claims as well as helping clients pursue social security disability benefits. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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