Queens Workers Comp Lawyer
If your ability to earn an income has been compromised by a workplace injury, you might qualify for workers compensation benefits. Maximize your claim by working with a Queens workers comp lawyer.
An injury suffered in a workplace accident isn’t just frustrating—in the most severe instances, it could be entirely life-altering. While some injuries are minor and only require a bit of time off from work, others have more severe impacts, such as permanent scarring or disabilities, or a need to completely switch careers. Regardless of the extent of your accident, one thing is certain: Under New York state law, your employer is required to carry and provide workers compensation insurance and benefits as long as they are a for-profit business.
But even with those mandated guidelines, injured workers often find that they have difficulty navigating the work comp claims process. If you were recently involved in an accident while you were on the job, Finkelstein, Meirowitz & Eidlisz, LLP can make receiving your benefits easier. Working with a Queens workers comp lawyer is one of the most reliable methods to ensure you receive the full value of your claim.
Work Comp Provides Several Benefits
While most people are aware of some of the benefits workers compensation affords, there are several that aren’t commonly known. Getting the most from your claim means knowing what you’re eligible for, as you can bet that the insurer won’t clue you in to a benefit if you don’t specifically request it.
Your Queens workers comp lawyer will evaluate your case and identify everything that you can include in your claim. It’s important that you maximize the funds you receive while your earning ability is compromised, and we can help you do exactly that.
These are some of the benefits you might be eligible to receive:
- Coverage for any medical expenses that your healthcare provider deems necessary to your recovery
- Two-thirds of your average weekly income paid to you every week
- Reduced income if you can work but not in the same capacity
- Transportation costs made necessary by your medical needs
- Out-of-pocket expenses related to your injury and recovery
- Compensation for permanent damage to your extremities and face, even if they don’t affect your ability to work
Queens Workers Comp Claim Process
The workman’s comp claim process can be confusing and stressful if you don’t know what you’re doing, but a work comp attorney in Queens can make the process a lot easier.
The first step when filing a claim is to notify your employer of your accident within thirty days. You should also immediately seek medical attention and document your doctor visits and injuries.
Next, you must gather evidence to prove your claim. You will also need to file the actual claim paperwork within two years of your accident, being very careful not to make mistakes. Providing documentation and following the requests of the insurance company and workers comp officials is imperative to avoiding a denial.
Should your claim be denied, you could file an appeal or take your claim to court. Your attorney can also help you make sure you don’t miss any important deadlines.
How to Prove Your Work Comp Claim
One of the major hurdles you must overcome to obtain the work comp benefits you’re after is providing enough evidence of your injury and where it occurred. Because work comp benefits are only offered to those injured on the job, you must be able to show that you were, in fact, working when your accident happened.
Witness statements, video or photographic evidence, or other proof that your accident happened at work is vital to the success of your case.
You will also need medical documentation to use as evidence. Medical documentation serves two purposes: to prove that you’re really injured and can’t work and to demonstrate the severity of your injury.
Most Common Industries Where Workplace Accidents Happen
There are certain industries that are more prone to producing workers compensation claims. Some fields are simply more dangerous than others.
Some of the most accident-prone industries include the following:
- Manufacturing or factory work
- Construction work
- The leisure or hospitality industry
- Social work
But even with this inherent danger, working in any of these fields will not disqualify you from receiving the benefits you deserve. Even in the most unpredictable workplaces, an employer still has a responsibility to provide a safe and reasonable working environment for employees.
If your employer tries to prevent you from filing a claim using scare tactics or by insinuating that your injuries are simply a normal part of the industry, let your Queens workers comp lawyer know. It is also against the law for an employer to fire or otherwise punish you for filing a workers compensation claim.
Doing your job should never mean unwillingly putting your life at risk, and if you are hurt as a result of an accident that happened because of your work, you have the right to petition for full workers compensation benefits.
When You Aren’t Eligible for Workers Comp Benefits
Although you are covered by New York law in terms of receiving benefits if you are involved in an accident at work, it’s important to note that there are certain circumstances in which your claim could be denied. In some cases, you might be accused of one of these, making it necessary to challenge the denial with help from a Queens workers comp lawyer.
If you‘ve been denied workers comp benefits for any of the following reasons, we can evaluate your case and let you know how best to proceed:
- Using Drugs or Alcohol at the Time of Your Accident – Your employers might try to do everything they can to minimize the effects of your claim on their insurance premiums. As such, they may request a drug or alcohol test immediately after your accident takes place. If it is determined that you were under the influence of a substance at the time of your incident, your workers compensation claim could be denied.
- Failure to Promptly File Your Claim – In the state of New York, you have a maximum of two years to report your accident to the Workers’ Compensation Board. However, it’s required that you notify your employer of the accident no more than thirty days after the incident took place. Failure to notify your employer in writing within this time period could result in a denial of benefits.
- Not on the Job When the Accident Took Place – There’s a reason it’s called workers compensation. To qualify for benefits, you must have been on the clock at the time of the accident. If you were not, your claim could be denied.
- No Witnesses – Witness testimony is absolutely vital in proving the full value of your claim and recouping the benefits you deserve. If there wasn’t anyone present when you were injured, your employer or the insurance company may try to use this against you as a means of disregarding your right to compensation.
Queens Workers Comp FAQ
A workplace injury isn’t an everyday occurrence, so it’s understandable that you may not know how to proceed with filing a workers comp claim in Queens. You don’t have to know everything, but knowing when to ask for help could be the difference between receiving financial protection and getting none at all.
Attorneys at our firm are eager to answer your questions, so don’t hesitate to call us to discuss your claim during a free claim evaluation. We’ve answered some commonly asked questions below for your convenience.
Who is eligible to file a workers compensation claim?
Nearly all employers are required by law to carry workers compensation insurance to protect their employees when they’ve been injured on the job. As long as you were injured or became ill because of your job, you qualify to collect benefits. Only a few types of workers are not eligible, such as contract workers and some volunteer workers.
What do I do if my claim gets denied?
No one wants his or her claim to be denied, but, of course, it happens. The insurance companies don’t want to lose money if they don’t have to, so if they can find a valid reason to deny your claim, they will. It’s best not to give them any reason to do so.
Completing the paperwork accurately, submitting all requested documentation, and gathering enough evidence are all important elements that can help you avoid a denial. Should you be denied, your attorney can help you file an appeal. If necessary, we can take your claim before a judge.
What is an occupational disease?
An occupational disease is an illness that you contracted at work or because of your work duties. There are many ways to contract a work-related disease, and there are many types of illnesses. A few examples of occupational diseases are mesothelioma, hearing loss, vision loss, carpal tunnel syndrome, cancer, and skin conditions.
What is an independent medical examination (IME)?
An independent medical examination is a doctor exam completed at the request of the insurance company. The concept behind an IME is that your injury should be investigated by an impartial doctor to determine the seriousness of your injury. This exam is conducted to prevent fraudulent claims. If the insurer asks you to complete an IME, you must do so or risk losing your workers comp benefits.
Contact a Queens Workers Compensation Attorney
After you’ve sustained injuries in an on-the-job accident, your only focus should be on getting better. You shouldn’t have to spend your time and energy haggling with insurance companies or dealing with disgruntled employers. Instead of trying to handle it yourself, let Finkelstein, Meirowitz & Eidlisz, LLP help things go smoothly.
When you invest in the services of a Queens workers comp lawyer, you invest in the success of your recovery and the stability of your future. To speak to one of our staff members about scheduling a free consultation, give us a call at 212-385-9190. For more information on how we can help you, fill out our online contact form at the bottom of the page.