New York Workers’ Compensation Attorney
Workers’ compensation insurance benefits are no-fault benefits, but they are not automatic benefits. The claims process has many steps, and disputes with your employer or their insurance company can arise at any stage. There may be questions about whether the accident is work-related, or if your injuries are as severe as you claim. They might claim your condition doesn’t meet state workers’ compensation guidelines, or even that you are not an employee. If you are in this position, the Sanders Law Firm is here for you.
More than 50 Years of Protecting New Yorkers Hurt on the Job
Workers’ compensation is a type of insurance that provides employee benefits for on-the-job injuries and illnesses. Employers offer workers’ compensation at no cost to their workers. An injured worker does not have to prove fault in order to receive workers’ compensation benefits, which cover medical expenses, lost wages, ongoing care, and disability. In exchange for these no-fault benefits, workers waive the right to sue their employer and their co-workers when they get hurt or sick from a work-related cause. However, there are some cases when an injured worker can file a workers’ compensation claim and file a personal injury lawsuit.
Our NY workers’ compensation attorneys are dedicated to helping injured victims get the compensation and medical benefits they deserve, so they can focus on getting better and supporting their families. We are ready to help you at any stage of the workers’ compensation claims process. Whether you recently sustained a herniated disc during a trip and fall in the office, have been diagnosed with cancer from toxic chemical exposure and are facing a denied claim, or were hurt due to unsafe conditions on a construction site, we are here for you.
The firm handles workers' compensation claims that involve:
Don’t Pay Unless You Win
Help With Workers' Compensation Claims and Lawsuits
Workers’ comp disputes can happen for many reasons. Just because a claim is disputed or denied, that doesn’t mean the case is closed. The path forward for the injured worker becomes more complicated, though. The appeals process potentially has many stages and can go all the way up to the New York Supreme Court. The insurance company will have attorneys to represent their interests. You should have somebody representing you, too. Depending on the circumstances, you may be able to file an injury lawsuit in addition to a workers’ compensation claim.
Hiring a Workers’ Compensation Lawyer Could Result in a Bigger Recovery
Research shows that workers’ compensation claims with attorney involvement tend to have significantly higher payouts. In one study, claimants who hired an attorney had an average total claim paid of $15,936, compared to $77,807 paid to claimants who hired a workers’ compensation attorney.
Employers and Insurers Can Dispute Workers’ Comp Claims
When a worker suffers an occupational injury or illness, he or she must file a claim with the Workers’ Compensation Board (WCB) in New York. Workers must also notify their employer in writing of when, where, and how they were injured or became ill.
In an ideal world, the employer’s workers’ compensation insurance company then immediately pays for wage replacement, medical expense coverage and, if necessary, rehabilitation costs. But in the real world, insurers and employers sometimes try and cut costs by casting doubt on the workplace injuries in question.
Trust Our New York City Workers’ Compensation Lawyers
The Sanders Law Firm has a group of attorneys who exclusively handle workers’ compensation claims. We offer representation at all stage of the process, from filing an initial claim, to appeals to the WCB, to appeals with the Supreme Court of the State of New York. We represent injured workers from all walks of employment, including union members and city employees.
Your job is your livelihood. Failure is not an option. You need the support of skilled attorneys who are experienced in all workers’ comp litigation issues.
New York Workers’ Compensation Overview
Nearly every employee in New York is entitled to workers’ compensation benefits through their employer. The system is governed by the New York Workers’ Compensation Board, which processes claims and directs cash benefits and medical care to be paid by the employer’s insurance carrier. New York workers’ compensation law dictates that benefits apply to:
- Full and part-time employees, borrowed and leased employees, family members, and volunteers employed by for-profit businesses
- Public school teachers and aides, including those in NYC
- Employees of the State of New York, including various types of volunteer workers
- Domestic employees such as full-time baby sitters or companions and live-in maids who work 40 hours a week for the same employer
- Employees of municipalities engaged in work defined as “hazardous”
- Farm laborers whose employer paid at least $1,200 for labor during the previous calendar year
- Officers of 1-2 person corporations if there are other individuals in employment
- Most nonprofit organization employees
Workers’ Compensation Benefits
Workers who are hurt on the job or develop an occupational disease are eligible for the following benefits:
- A cash benefit of 2/3 x average weekly wage x % of disability. The WCB sets a maximum weekly benefit that is updated annually in July. The benefit rate a claimant receives is based on the rate at the time of their injury.
- Medical benefits that cover necessary medical care directly related to the worker’s original injury or illness and the recovery from their disability.
- Death benefits for the surviving dependents of a worker who suffers a fatal workplace injury/illness. Beneficiaries may receive a weekly cash benefit or a lump sum payment, in addition to funeral expenses.
- Social Security benefits may be available if the claimant is seriously disabled for a period of 12 months or more.
Workers can opt to receive a lump sum settlement instead of receiving ongoing and future benefits. A Section 32 Waiver Agreement is optional and completely at the discretion of the worker and their workers’ compensation lawyer. The risk to this type of agreement is that it cannot be renegotiated if the worker requires additional benefits down the road. You should never let your employer talk you into a lump sum settlement without first discussing your case with an attorney.
You Don’t Have to Prove Fault
Workers’ compensation is designed to provide benefits to injured workers regardless of fault. In other words, you don’t have to prove that your employer or somebody you work with caused you to get hurt. Even if the accident is your fault, you can still probably qualify for workers’ compensation (unless you intentionally injured yourself, were intoxicated at work and this was the sole cause of your injury, and in a few other situations). Our firm accepts cases arising from on-the-job injuries such as:
- Asbestos exposure and mesothelioma
- Traumatic brain injury (TBI)
- Vision or hearing loss/impairment
- Electrocution
- Serious burns
- Back injuries or spinal cord trauma
- Tendonitis or other injury caused by repetitive motion
- Broken bones, torn ligaments, and rotator cuff injuries
- Occupational diseases
You May Be Able to File a Lawsuit AND Collect Workers’ Compensation
Not all workplace injuries have to be handled exclusively through the workers’ compensation system. If you were injured on the job and the injury was caused by a party other than your employer or co-worker, it can be litigated like other types of injury claims.
Any compensation that is recovered in a personal injury lawsuit does not affect workers’ compensation rights. Both types of compensation may be available. And in fact, a lawsuit can cover pain and suffering damages that are not available from a workers’ comp claim. Monetary damages recovered in a New York personal injury lawsuit cover losses associated with medical expenses, lost income, permanent disability, emotional anguish, in addition to pain and suffering.
Personal injury lawsuits are a common occurrence for construction workers due to New York labor laws such as the Scaffold Law. But other types of workers injured on the job may also qualify for a personal injury lawsuit. Examples include:
- A delivery driver is struck by a distracted motorist
- A maintenance worker slips on icy steps at a customer’s house and injures their back
- A customer attacks a store worker and hurts them
- A defective forklift drops a load of pallets and the falling load crushes a worker’s leg
These are just a few examples of workplace injuries that may qualify for an injury lawsuit. Workers’ compensation is not always enough to cover the full extent of a worker’s losses. Especially if your injuries are severe, you should explore every possible avenue of recovery during a free consultation with The Sanders Law Firm.
Third Party Construction Accident Lawsuits
Construction work is the most dangerous job in New York City. The City’s construction workers put their lives on the line every day, working on dangerous sites at high elevations with heavy machinery and equipment. Every year, dozens of men and women suffer life-threatening injuries during construction accidents, placing tremendous financial and emotional strain on their families. All too often, those accidents could have been prevented had general contractors, subcontractors, and property owners taken appropriate measures to ensure the work site was reasonably safe.
Our legal team can assist construction workers who have been injured by:
- Scaffolding accidents
- Falling from elevated heights
- Forklift injuries
- Electrocution
- Asbestos exposure
- Machinery accidents
- Falling objects
- Crane accidents
- Machinery accidents
- Carbon monoxide poisoning
- Toxic exposure
- Industrial explosions
- Repetitive stress injuries
- Site debris accidents
Those who have been injured in construction accidents may be entitled to financial compensation from property owners, contractors, subcontractors, architects, engineers, or machinery operators. If your workers’ compensation benefits do not adequately cover your needs, The Sanders Law Firm is dedicated to helping you fully recover the costs of your injury or wrongful death claim.
At The Sanders Law Firm, Success Is A Tradition
Founded in 1967, The Sanders Law Firm has flourished into one of New York’s most successful personal injury practices, with an accomplished team of attorneys, paralegals, health care consultants, and support staff. Our trial attorneys take new cases on a contingency basis, which means there is no cost to the client unless we secure monetary damages on your behalf.
Our personal injury law firm continues to make its industry-leading legal services even better, and hire attorneys and staff that enable us to serve a more diverse population.
At The Sanders Firm, there is never any charge to evaluate your case. We have helped thousands of injured clients throughout New York City, Long Island, Brooklyn, Bronx, Queens, and Staten Island, and we’re prepared to help you too. In just the last five years we have procured over $100 million dollars on behalf of our clients, thanks to our vast resources and experienced attorneys. Our personal injury law firm continues to make its industry-leading legal services even better, and hire attorneys and staff that enable us to serve a more diverse population.
To set up your free, no-obligation case review with a New York personal injury lawyer, please call (516) 591-3208 or contact us using our online form. Our friendly staff is standing by to take your call 24 hours a day, 7 days a week.
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The Sanders Law Firm is a New York personal injury practice with offices in Long Island, Manhattan, Queens, and Brooklyn.