Filing a Workplace Injury Lawsuit in Queens, NY

Workplace injuries are more common than you might think. In fact, there were over 4.5 million medically-consulted work injuries in the United States in 2022. While injuries can occur in any occupation or field, certain jobs carry a higher risk of injury than others. For example, construction workers and commercial truck drivers are at a high risk for workplace injury due to the nature of their work. While there are some exceptions and eligibility requirements, most employees in New York are entitled to workers’ compensation if they are injured on the job. We encourage you to consult a lawyer if your work has led to an injury or illness. Workplace accident attorneys, like those at Shaevitz & Shaevitz, can guide you through your workplace injury lawsuit in Queens and help you receive maximum compensation!

How Does a Queens Workplace Injury Lawsuit Work?

In New York State, employers must provide workers’ compensation coverage. You may be eligible for workers’ compensation if you were injured or became ill due to your job. This includes accidents such as slips and falls or equipment-related injuries, as well as conditions that develop over time, like repetitive stress injuries or occupational diseases. Workers’ compensation can also apply if your injury occurred off-site while you were performing work-related duties. If your injury or illness is work-related, you could be entitled to benefits for medical treatment and lost wages. Because these claims can be complex, contacting a workplace accident lawyer is an important first step to securing justice.

Preparing for a Workers’ Compensation Claim

Workers’ compensation claims can be complicated, which is why it’s best to hire a work injury lawyer. At Shaevitz & Shaevitz, we have a long track record of successfully representing employees in workers’ comp cases. We work hard to secure the best possible outcome for your workers’ comp claim. Before getting started, there are a few things to know to best prepare for your case.

• After a workplace injury, be sure to seek prompt medical treatment. Then, report the injury to your employer within 30 days. Follow your workplace’s specific procedures for reporting injuries. You should also file a claim with the Workers’ Compensation Board as soon as possible.
• If your employer participates in a Preferred Provider Organization (PPO) program, they may require you to seek initial treatment from a provider within that network. Even if your employer has a PPO program, you retain the right to see a doctor of your choice after the initial treatment.
• After an accident, an insurance representative may contact you. We recommend retaining a lawyer to communicate with the insurance company and protect your rights and interests. Insurance representatives try to get statements from you that could be used to deny your claim. Your lawyer can prevent you from inadvertently saying something that could harm your case.
• If you’ve been injured at work and someone other than your employer or co-worker is responsible for causing your injury, you can simultaneously file a third-party claim. Product liability cases, vehicle accidents, or contractor negligence at a worksite are just some examples of possible dual-claim situations. These claims allow you to collect for pain and suffering, full lost wages, and other damages not covered by workers’ compensation. However, you’ll need a skilled attorney like those at Shaevitz & Shaevitz to manage the nuances of such a case.

How Much Can You Recieve for a Workplace Injury Lawsuit in Queens?

The compensation you receive depends on the circumstances of the accident and the severity of your injury. Your healthcare provider will examine and classify your injury into one of the following categories:

• Temporary total disability: You have completely lost your ability to work due to injury, illness, or disability, but only for a limited time.
• Permanent total disability: Your ability to work is permanently and fully lost, qualifying you for more compensation. However, the criteria for PTD are often very strict.
• Temporary partial disability: You have partially lost your ability to work, and the loss is temporary.
• Permanent partial disability: Your earning capacity is partially lost, but the damage to your wage-earning potential is permanent.

In New York, workers’ compensation benefits are generally calculated as two-thirds of your average weekly wage (AWW), multiplied by your percentage of disability. Your AWW is based on your earnings from the 52 weeks before your injury. The percentage of disability, determined by a doctor, can range from 0% to 100%. For example, suppose your average weekly wage is $1,000, and you are 50% disabled. In that case, your workers’ compensation benefits will be calculated by taking two-thirds of your weekly wage, which equals $666.67, and then multiplying that by your disability percentage. Since you’re 50% disabled, your weekly benefit would be $333.34.

While many factors can influence the final amount, this calculation provides a general idea of what your compensation might be. A workers’ compensation attorney can help you maximize your benefits, improving your chances of receiving fair and comprehensive compensation for your work-related injury or illness.

Contact Shaevitz & Shaevitz for a Free Consultation Today!

Injuries in the workplace can happen at any time, leaving you with unexpected medical bills, lost wages, and a long recovery process. After an injury, reach out to a law firm like Shaevitz & Shaevitz to manage your case. With over six decades of experience, we’ll expertly guide you through your workplace injury lawsuit in Queens, NY. These cases can be complicated, so it’s best to trust an experienced attorney. Schedule a free consultation today at Shaevitz & Shaevitz to learn how we can assist with your case.

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