New York City Workers' Compensation

New York workers’ compensation laws, were put in place to ensure workers injured on the job would have access to medical care, as well as cash payments to help financially while they are recovering and unable to work. Benefits are available to those injured in an accident such as a fall from a scaffold, as well as those injured over time from exposure to toxins, loud noises, or other detrimental conditions at work. While eligible employees are entitled to benefits regardless of fault, as experienced New York City workers’ compensation lawyers, we at the Law Offices of Stephen Bilkis & Associates know that benefits are often unjustifiably denied and delayed because some employers and insurance companies do not like to pay claims.

New York workers' compensation benefits

Most New York workers would be entitled to benefits through workers’ compensation if they are injured at work. Serious work injuries will result in significant medical bills and can result in a significant amount of lost wages. With workers’ compensation employees will receive medical care for the injury and wage replacement. In order to receive benefits, the injured worker must first file a claim by following the employer’s procedures. A critical step is to immediately alert the employer or supervisor of the injury. While it is fine to initially advise your employer verbally, within 30 days of the accident you must do so in writing. The injured worker must also seek medical care, as the health care provider is required to send a report to the Workers’ Compensation Board. If you do not seek medical care because the injury is too minor to require medical care or you choose not to for some other reason, then you will not receive benefits. As a workers’ compensation attorney in New York is well aware, despite following the procedures for filing a claim and doing so timely, your claim may be denied. Whether you are making an initial claim or appealing a denial, with the help of an attorney you will have best chance of receiving the benefits to which you are entitled as quickly as possible.

Hypotheticals

Jane is a registered nurse working at hospital. While she was standing at the foot of patient’s bed, a wall-mounted television dislodged and fell on her neck. As a result Jane suffered a concussion, a neck injury and back injury. Jane received immediate treatment at the hospital and immediately called her supervisor to report the injury. She also filed a claim with the Worker’s Compensation Board. As a result of her head injury, Jane suffered headaches, sensitivity to light and dizziness. She also experienced extreme neck and back pain. Jane’s claim was denied. The reason given was that Jane never informed her supervisor of the accident. Shocked, Jane contacted a workers’ compensation attorney who represented clients in New York City to help her get the benefits to which she was entitled.

During a lull in the work day, 4 computer techs including Larry raced each other in their desk chairs. Larry was in a chair when another tech, Barry, was running and pushing him down the hallway. The wheel of the chair got caught on a cord. Larry flew forward out of the chair into the floor, breaking his arm. Barry flew head first over the chair, and suffered a concussion when he hit his head on the floor. Both Larry and Barry sought medical care and missed a few days of work. Both men also filed workers’ compensation claims. Their employer rejected both claims on the grounds that the men did not suffer the injuries while they were working, but while they were engaged in non-work-related games. Both men appealed. Both appeals will likely be denied, because although Barry and Larry were at work when the suffered the injuries, the injuries did not occur in the course of working.

Contact the Law Offices of Stephen Bilkis & Associates

In order to ensure that you receive the maximum benefits to which you are entitled under workers’ compensation, it is critical for you to contact an experienced workers' compensation attorney who will help ensure that you receive all of the benefits to which you are entitled from workers’ compensation as well as any other sources. The staff at the Law Offices of Stephen Bilkis & Associates has experience handling workplace injury cases, workers' compensation claims, and Social Security disability claims. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) 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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