NYC Workers Comp Frequently Asked Questions
In a number of ways, on-the-job injuries are inevitable, especially in certain industries. Unfortunately, workers don’t always know what their options are for collecting compensation, and the answers they might receive from their employer aren’t always accurate or honest.
New York State requires most employers to carry workers compensation insurance. This means that in most situations, you’re entitled to workers compensation benefits when you get injured at work. At Finkelstein, Meirowitz & Eidlisz, LLP, we’ve made it our mission to help injured workers, and to that end, we’ve provided answers to some of the most common NYC workers comp frequently asked questions below.
What does workers compensation cover?
Your workers comp benefits should compensate all of your medically necessary healthcare, two-thirds of your average weekly income, travel expenses for medical appointments, disfiguring injuries to your face and limbs, and any other out-of-pocket expenses related to your medical care.
Why was my workers comp claim denied?
There could be many reasons behind a work comp claim denial. Claims will be denied if the Workers’ Compensation Board believes that the injury happened while you were off duty, the medical care isn’t necessary, drugs or alcohol were involved, you didn’t file in time, or you made significant errors when filing your paperwork.
Am I suing my employer when I file a work comp claim?
No, filing a work comp claim is not the same as suing your employer. Your employer carries work comp insurance to cover workplace injury situations. You are simply making an insurance claim to cover the costs associated with your injury.
Can I file a workers compensation claim if I was responsible for the accident?
Yes, the validity of a work comp claim is not determined by fault. As long as you were not under the influence of drugs or alcohol and were performing your job duties, you will likely be eligible to receive benefits even if you were at fault.
If I file a workers comp claim, will I not be eligible to collect Social Security Disability later?
If your workplace injury either develops into a disability that will last for at least twelve months or will lead to your death, you will still be eligible to file for Social Security Disability benefits even if you are actively collecting workers compensation.
Can I get my workers compensation benefits as a lump sum instead of a weekly amount?
Yes. Collecting workers comp benefits as a lump sum requires signing a section 32 waiver agreement and negotiating a settlement with the work comp insurer. This requires careful consideration, however, as doing so will waive your right to additional compensation in the future if your condition deteriorates further.
Contact a New York City Work Comp Attorney
Don’t risk getting less from your workers compensation benefits than you’re entitled to. Instead, let Finkelstein, Meirowitz & Eidlisz, LLP fight for the full value of your claim. Schedule a free consultation to discuss your case by completing the form below or by calling 212-385-9190.