Staten Island Workers Comp Lawyer
When you’ve been hurt performing your job duties, you need to know that you’re getting everything possible out of your work comp benefits. Find out by consulting with a Staten Island workers comp lawyer.
It doesn’t matter if you’re a nurse, a teacher, a corrections officer, or a construction worker—if you are hurt in an accident while on the job, it can be tough to manage the aftermath. Struggling to recover while you attempt to navigate the legal process of filing a workers compensation claim can be stressful, especially if you’re unsure of how to proceed or unaware of certain regulations you need to abide by. Without the right knowledge and assistance, you could end up unable to collect the compensation you rightfully deserve.
Finkelstein, Meirowitz & Eidlisz, LLP can make things easier. When you hire a Staten Island workers comp lawyer to fight on your behalf and guide you through the claims process, you’ll rest easy knowing that your case is in the most competent hands in the tri-state area.
Most Common Workers Comp Accidents
Every workplace accident is unique, and there’s no such thing as two identical workers comp claims. However, there are particular injuries and situations that are rather common when it comes to being injured on the job.
Some injuries might be based on the industry you’re in. Others are just a result of being in the workforce. Here are some common workplace accidents that your Staten Island workers comp lawyer will be able to help you file a claim for:
- Slip-and-Fall Injuries – These accidents are often the result of a wet or slippery floor. For example, perhaps you’re working at a restaurant as a waitress. As you’re on your way to deliver food, you slip and fall on a wet floor. Because your employer didn’t take care of the floor or put up signs as a warning, you were unable to avoid the area and ended up breaking your ankle.
- Heavy Machinery Accidents – These types of injuries occur due to malfunctions or improper maneuvering of large equipment pieces. For example, say you’re working on a construction site. As you’re walking, you’re struck by a piece of heavy machinery operated by a fellow employee without proper training. As a result, you suffer a traumatic brain injury.
- Automotive Accidents – This type of injury is especially common for those who find themselves in the sales and delivery industries and are required to be on the road a lot. Vehicular accidents are one of the top causes for workers compensation cases. To illustrate, say you’re on your way to a sales meeting. You’re driving your company vehicle to get there, and on the way, you’re struck by another motorist. Because you were on the clock, you have the right to seek workers compensation benefits.
The Timeline of Filing Your Work Comp Claim
As your Staten Island workers comp lawyer will explain, to get the most out of your benefits, you need to move quickly immediately following your accident. Although New York state allows up to two years to pass after the accident occurred before you must submit your claim to the Workers’ Compensation Board, there are other timelines you must adhere to, as well. If you miss certain deadlines, you could forfeit your right to recoup compensation for your medical bills and lost income.
For example, you must seek medical treatment within forty-eight hours of your accident. Although your injuries may not reach their full impact this early on, it is absolutely vital that you have proof that you sought medical assistance after your on-the-job accident.
Next, you must make it a point to submit a formal, written notification to your employer explaining the accident within thirty days of your incident. Without this formal notification, your work comp claim could eventually be denied.
Although you have a substantial amount of time to submit your claim to the Workers’ Compensation Board, your employer does not. Within ten days of them receiving your formal notice, your employer must get in touch with both the board and their insurance company to make them aware of the situation.
Even before you decide to submit a formal claim to the Workers’ Compensation Board, you’ll want to have a Staten Island workers comp lawyer on board. This will ensure that you don’t overlook, and aren’t denied, any of the benefits you deserve.
How Your Medical Status Affects Your Claim
Once the claims process has begun, you may find that either your employer or the insurance company asks you to undergo an independent medical examination (IME). The IME serves as a buffer for your own accounts of the events and helps to legitimize that the injuries you claim you’ve sustained are, in fact, valid.
If you find that the results of your IME are at odds with your actual injuries, don’t worry. Your Staten Island workers comp lawyer will be determined to prove the legitimacy of your injuries. As such, we might request a separate IME to counter the claims made by the first analysis.
Workers Compensation Benefits You Will Receive
Recovering from a workplace accident isn’t just physically demanding; it can also put a significant strain on your financial situation. Luckily, your workers compensation benefits will help ease the burden and allow you to maintain financial stability.
Some of the benefits you may receive from your workers comp claim include the following:
- Reimbursement for any and all medical expenses
- Two-thirds of your normal weekly income
- Compensation for travel costs pertaining to your recovery (e.g., trips to the doctor)
- Reimbursement for days you had to take off from work, so long as you were out for at least seven days
- Payment for any permanent or partial total disability you incurred as a result of your accident
Why Would the Insurance Company Deny My Staten Island Work Comp Claim?
Even though New York law requires employers to carry worker’ compensation insurance, it can’t always control the insurance companies. Your employer’s insurer has the right to review work comp claims, verify the legitimacy of the claim, and deny any claims that don’t meet all the eligibility requirements.
Why would an insurer deny a claim? Because insurance companies are for-profit businesses, and they don’t want to lose money. They will deny as many claims as they possibly can. In fact, they are looking for reasons to deny you.
They will scrutinize your evidence, including the medical proof of your injury, to keep from paying out on your claim. That’s why hiring a workers comp attorney in Staten Island can be so helpful—to negotiate maximum compensation from the insurance company for you and keep the insurer from trampling your right to workman’s comp benefits.
Some of the common reasons insurers will deny claims are as follows:
- You didn’t seek medical attention immediately following your accident.
- You didn’t inform your employer of the injury within thirty days.
- You didn’t file the claim paperwork within two years of the accident.
- Your medical evidence isn’t sufficient to prove your injuries.
- A causal link between your injury and your workplace wasn’t demonstrated.
- You didn’t complete the claim paperwork correctly, or it’s missing necessary documentation.
What Happens if My Staten Island Workers Comp Claim Is Denied?
It would be nice if everything always worked out in your favor, but that’s not usually the case. No matter how legitimate you believe your claim is, the insurance company may surprise you with a denial. What do you do then?
This is why it’s helpful to have an attorney by your side when filing a work comp claim. Not only will a lawyer minimize your chances of a denial in the first place, but he or she can also take your claim to court to argue for your eligibility to obtain benefits for your workplace injury.
When your claim is denied, your workers comp attorney in Staten Island will argue your case in a hearing. If the judge rules against you, you can still file an appeal, which your attorney can also assist with. Don’t give up on getting the benefits you need and deserve without the advice of legal counsel.
Does Work Comp Cover Work-Related Illnesses in Staten Island?
Workers comp will cover any injury a worker obtains on the job or that arose out of their employment. This means that, if your job contributed to an injury or medical condition of any kind, you can obtain benefits. This does include diseases and illnesses, also known as occupational illnesses.
What kinds of illnesses are covered by Staten Island work comp? Almost any. Remember—the only eligibility requirement is that you became ill or contracted a disease because of your job. In other words, if not for your job, you would not have become ill.
To give you an idea of illnesses and diseases that often occur because of work conditions, see below:
- Hearing loss
- Carpal tunnel syndrome
- Lung disease
- Respiratory issues
Call on a Staten Island Workers Compensation Attorney
If you’re looking for legal counsel after an on-the-job accident, look no further than Finkelstein, Meirowitz & Eidlisz, LLP. With over forty years of experience and success backing us, you can be sure that our team will bring you the peace of mind you need during a trying time.
For more information or to schedule a free consultation with a Staten Island workers comp lawyer, give us a call at 212-385-9190 or fill out our online contact form at the bottom of this page.