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Workers' Compensation

Workers' Compensation

Workers' Comp Social Security Disability and Summer Activities MAY WEBINAR

Our dedicated workers’ compensation attorneys are committed to helping injured workers throughout upstate New York. Our seasoned legal team understands how overwhelming the pain and stress of a work injury can be. Don’t go it alone – we take the weight off your shoulders by handling all aspects of your workers’ compensation claim and fighting to ensure you get the full medical and income benefits to which you are entitled.

How A Workers’ Compensation Attorney Can Help With Your Claim

If your employer doesn’t have workers compensation in insurance you will still recover. The Uninsured Employers Fund must pay your medical bills and some lost wages.
  
Depending on the cause of your injury, other parties may be liable for your damages. A manufacturer of a defective product or toxic substance, subcontractors, vendors or even another employee who acted recklessly may be legally responsible for your injuries. There are specific procedures and deadlines for filing workers’ comp and personal injury claims in both New York and Pennsylvania. Our experienced legal team will assess your case and pursue all possible avenues of compensation in an efficient and timely manner.

Workers’ Compensation Medical Benefits

Workers’ compensation medical benefits typically cover hospital bills, doctor visits, medications and other medical expenses that are necessary to treat a work-related injury or illness. Although it varies from state to state, medical care and treatment related to a wide range of injuries, including mental health conditions and repetitive stress injuries, should last as long as it takes to treat the problem.

Workers’ Compensation Income Benefits

Also known as disability benefits, intended to compensate you for a portion of the income you’ve lost while you’re unable to work due to your injury or illness. Depending on the type of injury or disability, you may be eligible for
Temporary Total Disability — If your doctor determines that you’re totally disabled for a limited period of time, you may be eligible for temporary total disability benefits. Temporary total disability payments are terminated when you’re fully recovered or it is determined that you won’t completely recover. 

Temporary Partial Disability — If your injury keeps you from doing your regular job for a limited period of time but you are able to carry out some of your duties, you may be able to collect temporary partial disability.
Permanent Total Disability — When permanent damage from a workplace injury or illness is so severe that you’re unable to return to work, you may be eligible for permanent total disability. Rules and requirements for determining whether you’re eligible for these benefits are complex. You don’t always have to be incapacitated or completely unable to work to get total permanent disability benefits. It’s also important to keep in mind that you may be eligible for benefits or Supplemental Security Income (SSI) from the federal government.

At Stanley Law Offices, our legal team works collaboratively to help you recover the full benefits you need and deserve to protect your health and your family’s financial future.

Workers’ Comp And Social Security Disability Appeals

Unfortunately, many injured workers’ claims are denied by their employer’s workers’ compensation insurance and the Social Security Administration. There are strict time limits on filing appeals for these types of claims. Missing important deadlines or omitting vital details can mean the difference between receiving the benefits you deserve and struggling to save yourself from financial hardship. Seeking the advice of an experienced workers’ compensation attorney before you even hit the appeal stage of your claim can ensure your rights are protected and you receive the compensation you deserve.

Defining Workers’ Compensation 

Workers’ compensation benefits are a type of insurance that provides medical benefits, wage replacement, and death benefits to employees who become injured in the course of their employment. In exchange for receiving workers’ compensation benefits, the injured employee must give up the right to sue his or her employer. When a worker passes away while on the job, surviving family members can obtain death benefits.

Workers can also obtain certain benefits for out-of-pocket expenses that are related to workplace injury. Typically, the types of expenses covered by workers’ compensation include medicines and travel expenses to medical appointments. They can also cover durable medical equipment that the worker needs, such as a wheelchair or walker.

New York Workers’ Comp Laws

New York has specific workers’ compensation laws to ensure that employees who become injured during the course of their work receive benefits to cover their losses. In New York, all employers must carry workers’ compensation insurance and provide it for their employees. Workers’ compensation benefits are available to employees without green cards or social security numbers, as well. As an employee in New York state, you have a right to receive workers’ compensation benefits when you have fallen ill or are injured at work. In order for a worker to make a claim under New York's workers’ compensation laws, his or her injuries must have occurred:

* While on the job site
* While off-site but while performing work-related.
* As a result of work-related tasks or operations
* As a result of exposure to toxins or chemicals through the course of work

Sometimes, employees think they can only file a workers’ compensation claim if their employer or another co-worker's negligence caused their injury. On the contrary, negligence and fault are not used to determine workers’ compensation benefits. Even if you made a mistake and became injured due to your mistake, you can still apply for workers’ compensation benefits. 

Mistakes made by your employer or failure to follow OSHA safety regulations will not be considered when awarding workers’ compensation benefits. New York's workers’ compensation laws offer broad protection to workers who have suffered workplace injuries. They are designed to ensure that no workers are left without compensation to pay their expenses and bills.


Types of Injuries Covered by Workers' Comp in New York

When it comes to New York workplace injuries, any illness, injury, or disability that an employee suffered because of his or her job can qualify for workers’ compensation, including:

* Spinal cord injuries
* Toxic exposure
* Heavy lifting injuries
* Electrocution 
* Construction accidents
* Burn injuries
* Asbestos exposure
* Stress-related illness
* Mesothelioma
* Work-related motor vehicle accidents
* Hearing and vision loss
* Crush injuries from heavy machinery
* Back injuries

What Steps Should You Take If You're Injured At Work?

If you are injured at work, you may be wondering what you need to do to obtain workers’ compensation benefits. The first thing you should do is seek medical treatment as soon as possible. You will need to notify your employer that you have been injured at work. After those two steps, we recommend consulting with a workers compensation lawyer. Your lawyer can make sure that you fulfilled all the requirements for obtaining workers’ compensation benefits. 

You will need to attend all of your doctor's appointments and follow-up appointments. You will also need to go to an independent medical examination appointment (IME). If you are able to return to work, you will eventually need to do so. There is also a workers’ compensation hearing that your attorney will need to attend to represent you. You will only need to attend workers’ compensation hearings in certain circumstances, and your lawyer will let you know.

Contact a Workers' Compensation Lawyer Today!

At Stanley Law Offices, our lawyers will do everything possible to achieve the best results for you in your case. It is essential to have a workers’ compensation lawyer representing you to protect your rights. Insurance companies have their own adjusters, attorneys, and representatives who are well-trained to delay, deny, or frustrate workers who are entitled to full and adequate compensation for their injuries. Contact us today to schedule your free initial consultation to discuss how we can fight for your rights.




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