Bronx Workers Comp Lawyer
If you were hurt on the job, you might be entitled to workers compensation, and it’s critical to make certain that you get every penny you’re owed. Maximize your benefits by working with a Bronx workers comp lawyer.
Dealing with the aftermath of a workplace injury is never easy. When you combine the stress of physical injuries with the frustration of financial hardships brought about by your accident, it’s no wonder it’s considered one of the most difficult legal situations you can find yourself in.
Although New York state requires all for-profit employers to carry workers compensation insurance coverage, many injured workers still struggle to move forward after their accident. Employers often aren’t shy about trying to get their employees not to file a claim. And even if the victims do file for work comp, the process of trying to obtain your benefits can be arduous and complicated.
Working with a workers comp lawyer from Finkelstein, Meirowitz & Eidlisz, LLP could be your ticket to an easy claims process. Having a qualified legal representative on your side means you’ll have access to knowledge and resources that could help expedite your claims process, garnering you the benefits you deserve, faster.
Which Bronx Employers Are Required to Carry Workers Comp Insurance?
Employees aren’t always aware of the programs that are available to them through their employment, and in the case of workers compensation, that lack of awareness can hurt you. Workers compensation is there when you need it, and if you’re injured on the job, you can take advantage of the insurance your employer has provided for you.
Workers comp can provide for you financially when you’re too injured to work. But how can you find out whether your employer carries workers compensation coverage? You should be able to find that information in your employer’s handbook, but it’s more than likely that your employer has workers compensation insurance.
The following is a look at the employers that are required by New York law to maintain work comp insurance to protect their injured workers:
- All for-profit employers must carry work comp insurance. They must even provide coverage for part-time, temporary, and seasonal workers. If your workplace is a for-profit business, your employer should have coverage—otherwise, the company is breaking the law.
- Public schools must provide coverage for their teachers, except those employed in New York City, because those workers are covered under a different law.
- The state of New York provides work comp coverage to most workers, including some volunteer workers.
- Employers of domestic workers, such as sitters, maids, cleaners, must provide coverage as long as the workers work forty or more hours per week.
- Coverage must be provided to some farm workers, depending on the circumstances, and any other employees the New York State Workers’ Compensation Board decides should be covered.
Qualifying for Workers Compensation Benefits
Luckily, workers compensation claims are based on a “no-fault” system. That means that even if you were entirely at fault for your accident, you still have the right to seek benefits from your employer. The one major qualification you must satisfy to be eligible? You must have been on the job and performing your duties when the accident took place.
Other qualifications play a role as well, such as following the required deadlines for submitting your claim and being able to prove that your injuries were a direct result of your job’s normal duties. But with the right Bronx workers comp lawyer on your side, proving the legitimacy of your claim will be much, much easier.
Some of the types of evidence your attorney will use to prove your claim are as follows:
- Witness statements that confirm that your accident occurred at work
- Video and photographic evidence of the event and your injuries
- Medical documentation proving your injuries and causally linking them to the workplace accident
What Are the Deadlines for Filing a Work Comp Claim in the Bronx?
Meeting the deadlines set by the New York State Workers’ Compensation Board can be a challenge when you’ve been seriously injured on the job.
Your injuries might have greatly limited your mobility, making getting around and gathering evidence and documentation almost impossible. How will you interview witnesses and gather evidence to prove your work comp claim?
You must also gather all the medical evidence of the seriousness of your injuries and handle all the necessary steps the insurance company may ask you to complete. This may be too much for an injured person to take on, and you may fail to meet the required deadlines.
Your Bronx workman’s comp attorney can make sure you meet all the filing deadlines and other deadlines that are listed below:
- Immediately seek medical attention and document all medical care received for an on-the-job injury.
- When injured at work, immediately inform your supervisor of the accident (or when it’s reasonable to do so), but the employer must be notified within thirty days of the injury.
- You must file your workers compensation claim, completing the appropriate paperwork and providing requested documentation, within two years of the accident.
- If your workers comp claim is denied, you have thirty days to file an appeal.
Maximize Your Workers Comp Benefits
When you qualify for work comp, it’s essential that you make absolutely certain that you receive all of the benefits that you meet the criteria for. Most people realize that medical expenses and lost income should be compensated, but workers compensation can actually provide substantially more than just that.
Your lawyer will ensure that nothing is overlooked when applying for your benefits and when dealing with the insurer afterward. The work comp insurance company won’t offer to pay anything that they don’t absolutely have to, so it’s essential that we assess your compensation in full detail.
Listed below are some of the consequences of a workplace injury that you might be eligible to receive compensation for:
- Two-thirds of your average weekly wages or salary
- Funds to cover the medical treatments and equipment prescribed by your doctor
- Travel expenses so that you can make it to your medical appointments
- Permanent damage or scarring done to your limbs, extremities, and face
- Reduced earning compensation if you can still work but not to the same extent or capacity
- Other expenses caused by your workplace injury or accident
How Your Bronx Work Comp Attorney Will Help You
It isn’t uncommon for workers compensation claims to be denied, even if you suffered legitimate injuries as a result of your job. Unfortunately, employers are often in the business of trying to protect their profit margins, and submitting a claim could mean an increase in their insurance premiums.
This is where your Bronx workers comp lawyer will prove invaluable to your case. Rather than trying to negotiate with intimidating insurance companies on your own, your attorney will handle all communications on your behalf. Our firm knows the tactics insurance companies use to try and get out of paying for workers comp benefits, and we will ensure your claim is properly evaluated.
Our firm will also play pivotal role in building the evidence in your case. Much of the success of your claim will come from being able to prove the true nature of your injuries and where they happened. By developing a solid arsenal of evidence, including medical records, the opinions of multiple doctors, and possibly even depositions, we will be able to prove all of the reasons you deserve full workers comp benefits.
Dealing with a Denied Work Comp Claim
If you do find that your workers comp claim is denied, there’s no need to panic. This is actually quite common following a workplace accident in the Bronx.
The first thing you and your Bronx workers comp lawyer will need to do is determine the reason why your claim was denied. Did you file all of the necessary paperwork within the required timelines? Is your employer disputing that your accident occurred on the job? Figuring out what the cause of your denial is will help you determine the next steps to take.
Once you have figured out why your claim was denied, your attorney may choose to file an appeal. We will gather additional evidence, witness testimonies, and professional depositions to continue building your case and proving why you are eligible for your workers compensation benefits.
Let a Bronx Workers Compensation Lawyer Help You
Dealing with an injury is never easy—especially when that injury is a result of an on-the-job accident. But with the help of a qualified, experienced, and knowledgeable attorney, getting the compensation you deserve can be a bit easier.
Allow Finkelstein, Meirowitz & Eidlisz, LLP to use our years of success to build the best case possible for your unique situation. With over $200,000,000 recovered for our past clients, we believe that our firsthand knowledge and experience will help you find relief following your workplace injury.
If you’d like to learn more about our services, or if you’d like to schedule a free consultation to discuss your claim with a Bronx workers comp lawyer, get in touch with us today. We can be reached by phone by calling 212-385-9190, or we can be reached online through our contact form found at the bottom of this page.