GET MEDICAL TREATMENT FROM A DOCTOR.
See a doctor as soon after your injury as possible. Make absolutely sure you tell the doctor that your accident happened while you were working or that your condition was caused by the work that you were doing.
GIVE NOTICE TO YOUR EMPLOYER IN WRITING.
Don’t just tell a co-worker that you got injured. Go directly to your supervisor or to management and let them know what happened. If at all possible, give notice to them in writing. Do this as soon as possible after your injury.
GET AN ATTORNEY.
While you can file a Workers’ Compensation claim without legal representation, it is highly advisable that you retain the services of a skilled workers’ compensation lawyer from the start of your case to ensure every element of your claim is properly established so that you can get the maximum benefits you are entitled to.
DID YOU KNOW …
If you are injured you are entitled to receive compensation for your lost wages and have your medical treatment paid for?
Workers’ Compensation provides money and medical benefits to workers who are injured on the job. In almost all cases, if you are injured during the course of your employment, you are entitled to receive Workers’ Compensation benefits. These benefits include medical expenses, lost wages, and money for your permanent injuries.
That you can be compensated for both on the job accidents and conditions that develop over time like carpal tunnel syndrome?
There are three types of work injuries that are covered under the law:
- Injuries caused from an accident during work. For example, tripping while you are walking or hurting your back while lifting something heavy.
- Injuries caused from repetitive work. For example, repeatedly bending, lifting or typing.
- Occupational illnesses caused by exposure to the work environment. For example, an illness caused by asbestos, dust or loud noises.
You can receive a lump sump compensation amount if you have permanent injuries?
There are three types of benefits available to injured workers:
- Medical expenses. Any medical care and treatment needed for your work related injury may be paid under the Workers’ Compensation law for the rest of your life. This includes doctor visits, physical therapy, chiropractic treatment, medication, surgeries, prosthetics, assistive devices and home-care.
- Lost time from work. If you are unable to work, you can collect up to two-thirds of your gross average weekly wage. Your gross average weekly wage is the average weekly amount you earned, before taxes, for the one year preceding your accident. For example, if your average weekly wage is $750, the maximum you can collect per week is $500. Also, your weekly benefit cannot exceed the following amounts listed below:
Date of Accident Maximum Weekly AmountDate of AccidentMaximum Weekly Amount
Date of Accident Maximum Weekly Amount July 1, 1992 – June 30, 2007 $400 July 1, 2007 – June 30, 2008 $500 July 1, 2008 – June 30, 2009 $550 July 1, 2009 – June 30, 2010 $600 July 1st of each succeeding year 2/3 of the average weekly wage of all workers in New York State.
- Permanent injuries. In addition to the money you receive for your lost wages, you may also be entitled to a monetary award for permanent injury to your arms, hands, legs and feet, to your fingers or toes, any facial scars, and loss of vision or loss of hearing.
Even if you do not lose time from work, you may be entitled to compensation for your permanent, work-related injuries. Here at Finkelstein, Meirowitz & Eidlisz, LLP, we have learned that before contacting an attorney, many injured workers did not realize that they were entitled to this award. Incredibly, because employers and insurance companies are not required to share this information with injured workers, they save millions of dollars every year by not having to pay out money injured workers are entitled to receive.
That you don’t have to lose time from work or stop working to receive workers’ compensation benefits?
You do not have to stop working to have a workers compensation case. In fact, you do not have to lose any time at all to have a case.
You can receive benefits even if the accident was your fault?
It does not matter who caused the accident or whose fault it was. Fault is not an issue in Workers’ Compensation. Even if your accident was caused because of your own negligence or carelessness, you are still entitled to benefits.
You are NOT suing your employer when you file for workers’ compensation?
You do not sue your employer to collect workers compensation benefits. Workers’ Compensation is a benefit that you are entitled to under the law if you have a work accident. It is not a lawsuit and you do not sue your employer to collect it.
That you are NOT getting compensation from your employer in workers’ compensation?
The benefits you receive come from your employer’s insurance carrier, not from your employer. After you have an accident, your employer immediately forwards your accident report to their insurance carrier. From then on, your employer should have no further involvement in your case. Instead, their insurance carrier will be the one handling your claim and paying your benefits.
That you never have to pay us, your attorneys, directly for your workers’ compensation case?
You don’t have to pay us anything out of your pocket. In worker’s compensation, attorneys are not allowed to take money from clients directly. We will be paid a portion of your award directly from the Worker’s Compensation Board.
That you should file your claim as soon as possible and not wait?
Typically employees must file claims with the Worker’s Compensation Board within 2 years of the accident (plus the notice to your employer which is required within 30 days generally), although in some cases such as conditions that do not arise until later or certain diseases this can be a certain amount of time from when you learned of the condition (or should have learned of the condition).
As a general matter, it is extremely helpful to file your claim as soon as possible after the accident, as it becomes more difficult to establish a viable claim the longer an employee waits for a number of different reasons.
The lawyers at Finkelstein, Meirowitz & Eidlisz will work with you to aggressively pursue the benefits you are entitled to, leveraging our nearly a century of combined experience to get you the maximum award as soon as possible.
Injured on the job? Interested in applying for Social Security Disability? Tell us what we can do for you!