Queens Workers Compensation
To ensure that workers injured in the workplace would receive proper medical treatment, like most other states, the New York legislature enacted provisions that required employers to purchase a special type of insurance that would provide benefits to employees injured in the workplace. Whether the accident is due to falling, being burned, being hit on the head, or being injured in an auto accident, as long as the accident occurred in the course of employment the employee would be eligible for workers’ compensation benefits. These benefits are critical because workplace accident can lead to serious injuries such as back injuries, brain injuries, broken bones, loss of hearing or loss of sight. In some cases the injuries are so severe that they are career-ending. If you are in need of a personal injury attorney because you or a family member suffered a serious injury while working you may be entitled to medical benefits or cash benefits from workers’ compensation insurance. However, it is critical that you immediately contact an experienced Queens workers' compensation lawyer as injury cases are time sensitive.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.
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
- Violence on the job
Pursuing compensation through workers’ compensation is very different from filing a personal injury lawsuit through the court system. There are procedures and deadlines that you must follow that are prescribe by your employer and by New York workers’ compensation law. The benefits available are also limited compared to the compensation available through personal injury lawsuits. Cash benefits are equal a percentage of your income. Pain and suffering wards are not available. Death benefits are available.
In addition, generally speaking if you are eligible for workers' compensation benefits you are barred from filing a lawsuit against your employer to seek additional compensation. However, there are a few exceptions to this rule that would allow you to be eligible for both workers’ compensation benefits as well as to pursue a personal injury lawsuit. For example, if you were injured at work by an intentional act by your employer, you may be able to sue your employer for damages. In addition, if the accident was caused by a third party such as an equipment manufacturer or another third party, you may have the right to use that person or company in court, as well as collect workers’ compensation benefits.
Workers’ compensation also offers death benefits to the family members of a worker who died in a workplace accident.Contact the Law Offices of Stephen Bilkis & Associates
Just because you were injured in your workplace does not mean that workers’ compensation benefits are automatic or guaranteed. It is not unusual for victims of workplace accidents to have their claims delayed or denied. To ensure that you receive all of the benefits to which you are entitled under workers’ compensation law, contact and experienced workplace injury lawyer. The staff at the Law Offices of Stephen Bilkis & Associates has experience handling workplace injury cases and workers' compensation claims. Call us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a consultation to discuss 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.