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What is the Value of My Workers' Compensation Case?

If you have been injured at work, you may be wondering what your coverage will be through Worker's Compensation. What if it isn't enough? Are you able to pursue a claim outside of the Worker's Compensation system?

In New York, all employers are required to carry Worker's Compensation for their employees. By agreeing to this coverage, the employee is generally unable to sue an employer in civil court. There are several exceptions to this however, which will be discussed below.

The Worker's Compensation system will cover an employee who has been injured during the course of their employment. If you have had an accident, you may be unable to return to work for some time. You will also undoubtedly incur medical costs. The worker's compensation system will compensate you for both your lost income as well as your medical expenses.

In order to have a claim you must:

  • Work for a company that has worker's compensation coverage;
  • The injury or illness must be work related;
  • You gave your employer written notice within 30 days of your injury;
  • You have obtained a medical report that states your injury was work-related.

If you have suffered a work-related injury, it is important to speak with the legal team at Stephen Bilkis and Associates for advice and a free consultation. People often run into trouble when filing a claim. There are technical aspects of filing a claim that if not adhered to, can jeopardize your getting the compensation you deserve. Keep in mind that your employer and their insurance company will be trying to minimize your injury to lessen your Worker's Compensation benefits. You may have a claim that should be pursued outside the worker's compensation system as well.

Stephen Bilkis and Associates have extensive experienced successfully handling all types or work-related injuries. Over their decades of experience, they have been awarded some of the biggest court awards and settlements of their time. Their last 200 cases have been brought recoveries of over one million dollars ($1,000,000) each.

In the Worker's Compensation system, the benefits you receive are based on the type of injury you have, the estimated time you will be out of work and what is needed you're your recovery. These benefits are set by a state formula. Generally, Worker's Compensation will:

  • Provide 2/3 of your weekly wage while you are out of work;
  • Allow reduced earning compensation for a disability;
  • Provide medical treatment with a Worker's Compensation provider;
  • Provide reimbursement for out of pocket medical expenses.

People are under the impression that if you are injured on the job, the only compensation you can receive is Worker's Compensation benefits. This is the general rule, however there are several exceptions which include:

  • If you were injured by your employer's egregious conduct;
  • If your employer does not have Worker's Compensation coverage;
  • If a third party was responsible for your injuries;
  • If you were injured by a defective product;
  • If your employer has inadequate Worker's Compensation coverage.

If you are able to bring a civil suit, the value of your case will be determined by several factors:

Insurance: The insurance policy limits act as a cap of what you can expect to collect from an insurance company. There may be other policies to investigate however, that could provide additional coverage.

Medical Expenses: You have a right to be compensated for your medical costs. This includes your hospital, surgery, doctor and any related medical expenses that you have currently, and will have in the future.

Pain and suffering: In civil court, you have the ability to collect for your pain and suffering. This figure is usually arrived at by taking into account your injury, and your prognosis for the future.

Lost Income: You can be compensated for your missed time from work. If you are unable to return to work in the future this can be compensated as well.

With these thing in mind, here are a few examples of similar cases:

$4,900,000 Jury Verdict: Plaintiff injured at car show when display wall falls on him.

$2,900,000 Settlement: Construction worker injured when scaffolding collapses.

$23,800,000 Jury Verdict: Victim paralyzed when company vehicle is involved in an accident.

Contact Stephen Bilkis and Associates for advice and a free consultation. We have offices throughout New York, including locations in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Nassau County, Suffolk County and Westchester County. It is important to not delay, there are time limits on filing a claim. Call us today at 800.696.9529.

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