Queens Workers’ Compensation Attorneys
Experienced Workers’ Compensation Attorneys Protecting The Rights of Injured Workers in New York
In the United States, most workers have the right to certain benefits, including financial coverage in the case of work-related injuries. Workers who are injured on an active jobsite or who are harmed when operating in their capacity as an employee have a right to workers’ compensation benefits.
Workplace injuries can cause significant physical and emotional distress. Resulting medical costs, lost wages from missed work, long-term disability, and the non-economic costs of emotional suffering can all serve to make job-related injuries incredibly difficult life events.
Navigating the process of securing workers’ compensation can be time consuming and highly complex, especially if your initial claim is denied. You may even need to appeal the initial decision and procure hearings to secure the benefits that you are due. If you have suffered a workplace injury and believe that you are entitled to benefits to cover the mounting costs, contact an experienced workers’ compensation lawyer as soon as possible.
The professional team at Shaevitz & Shaevitz Law Offices has a long track record of successfully representing workers who have been hurt on the job and ensuring that they receive all of the compensation that they are rightfully owed.
What Occupations Have The Highest Incidents of On-site Injuries?
While workers in any business may suffer injuries on the job, certain industries involve more inherent risks and, therefore, see higher rates of injuries. Some occupations where workers experience higher rates of injuries include:
Construction Workers – Unfortunately, those who work in the construction industry consistently experience higher rates of workplace injuries and fatalities. The Bureau of Labor Statistics found that construction work is the most dangerous occupation in New York. Therefore, if you have suffered an injury on an active construction worksite, you are not alone.
Drivers of Commercial Vehicles – Driving any kind of automobile always involves inherent risks. Occupations in which driving is the primary job function, and even those jobs that occasionally require driving, present an increased personal risk to workers. Those workers who are considered commercial drivers include:
- Delivery truck drivers
- Travelling salespeople
- Taxi drivers
- Semi-trailer truck drivers
Those drivers who are injured as the result of a job-related auto accident are typically qualified to receive workers’ compensation benefits. If you have experienced such an accident, contact a workers’ compensation lawyer to explore all of your options.
Manufacturing Industry Workers – Occupations that require employees to work in factory and manufacturing contexts often see higher rates of workplace injuries. This is because factory settings sometimes expose workers to a range of potentially dangerous situations, such as the presence of hazardous chemicals or toxins, the risks of machinery malfunction, falling objects, or other perilous circumstances.
Immigrant Workers – Sadly, immigrant workers have a 15% greater change of suffering a fatal workplace injury than do their domestically-born counterparts, according to the Census of Fatal Occupational Injuries. This unfortunate disparity may be the result of immigrant workers being subjected to poorer job conditions, employers’ neglecting proper training, or a reluctance to refuse work, even in more dangerous conditions or without adequate safety measures.
If you are an immigrant worker who has experienced an on-the-job injury, you should know that you have the right to workers’ compensation benefits regardless of your current work permit status.
How Does the Workers’ Compensation Process Work?
While most workers have a right to benefits through workers’ compensation insurance, not every injury will be covered. Workplace injuries that make you eligible for workers’ compensation benefits must meet the following criteria:
- The employer for whom you were working at the time of the accident has workers’ compensation coverage, as required by New York state law.
- You are in an occupational position that qualifies you for workers’ compensation coverage.
- You have suffered the injury, illness, or disability as a direct result of your job function, and it occurred while you were operating in your capacity as an employee.
- You provided your employer with a written notification of your injury or illness immediately following the event and no more than 30 days after.
- The treating healthcare professional has provided a report confirming that your injury, illness, or disability is a direct result of a job-related event, function, or condition.
The choices you make immediately following a worksite injury will greatly determine the outcome of your workers’ compensation claim. Alert your employer about your injury or illness in writing as soon as you are aware of it. The most important action to take is to seek immediate medical attention for all injuries or illnesses that require urgent care.
Your employer may instruct you to visit a particular physician or medical center. If this is the case, you should obtain care wherever they decide, as it may affect your ability to draw workers’ compensation benefits later.
Before you decide to visit your regular medical care provider, be sure that they are qualified to submit workers’ compensation claims. Regardless of the particular medical care provider that you visit, ensure that the physician makes an official record that your injury or illness occurred at your workplace or as a result of your job performance.
If you should need to speak to an insurance company regarding your accident, remember that their incentive is to provide as little compensation as possible in every case. When recounting your side of the story, even the smallest comment could be used against you in future disputes to reduce your financial recovery. Therefore, finding legal representation is crucial.
Once you have obtained medical care and provided your employer with a written notice of the injury, contact a workers’ compensation lawyer to ensure that you utilize all available options to get the maximum benefit amount possible.
What Can You Expect from Workers’ Compensation?
The specific amount that you should expect from your workers’ compensation benefits will differ depending on the circumstances of your worksite accident and the severity of your injuries. Regardless of the precise amount, it is unlikely to be as much as your regular wages.
The overseeing healthcare provider will examine you and determine how to classify your injuries in one of the following legal categories:
- Temporary total disability – Your earning capacity has been completely, but temporarily, lost.
- Permanent total disability – Your earning capacity has been completely and totally lost.
- Temporary partial disability – Your earning capacity has been partially lost, but only temporarily.
- Permanent partial disability – Your earning capacity is only partially lost, but the damage to your wage-earning potential is permanent.
The weekly benefit that you receive from your workers’ compensation claim will depend on the categorization of your disability, as well as the average weekly wages that you earned during the previous year. The standard equation that is used to determine the specific weekly benefit amount in a given case is as follows:
2/3 x your average weekly wage x percentage of disability = expected weekly benefit
Schedule A Free Consultation With An Experienced Workers’ Compensation Lawyer Today
If you have suffered an accident at your place of employment or as a direct result of your job function, you deserve expert legal representation. When you contact a trusted workers’ compensation lawyer through Shaevitz & Shaevitz Law Offices, we bring our legal expertise to bear on your workplace injury case to secure maximum compensation.
At Shaevitz & Shaevitz Law Offices in Queens, New York we have over 65 years of legal experience and a track record of winning cases just like yours. Contact us today at 718-291-3400 or 718-LAW-SUIT for a free legal consultation and to discover what our team of attorneys can do for you.