Between OSHA (Occupational Safety and Health Administration) rules and New York state laws, workers in New York City are some of the best-protected in the nation. Regulations say you have a right to a safe working environment, properly maintained equipment, and regular rest breaks, along with other rules intended to protect worker safety and maintain a business’s productivity. However, accidents happen. According to the United States Bureau of Labor Statistics, around 2.8 million non-fatal accidents happen on job sites across the country each year. Nearly 4,000 workers die on the job due to accidents annually. That’s why a worker’s compensation attorney in NYC is so important to ensure your case is handled correctly.
That’s where worker’s compensation is supposed to come in. However, businesses and insurance companies try to avoid paying out claims to workers injured on the job. They will use any strategies available to reduce the value of claims, eliminate coverage of certain benefits, or deny a claim altogether.
If you find yourself in this position in the New York City area, the Weinstein Group’s workers’ compensation attorneys in NYC have the legal expertise and experience to help you get the compensation you need. Call us today at 212-741-3800 to set up a no-risk consultation.
What Is Workers’ Compensation?
Worker’s compensation is a type of insurance that provides monetary compensation to employees when they’re injured at work. Generally, it also means the injured employee gives up their right to directly sue their employer for negligence or endangerment.
According to the U.S. Department of Labor, workers’ compensation benefits should include:
- Wage replacement
- Funds for medical treatment
- Vocational rehabilitation if necessary
Other specific rules cover special scenarios, such as longshoremen and harbor workers’ compensation or energy workers’ occupational illness compensation. Injuries that take place outside the scope of employment are usually not covered. This can include injuries sustained during a commute or on lunch break. However, if you’re in an automobile accident while driving to meet a client, worker’s compensation can cover expenses from that.
Workers’ compensation also covers more than one-time injuries. Cumulative injuries, such as repetitive stress causing carpal tunnel syndrome or exposure to toxic chemicals are deemed “occupational injuries” and fall under workers’ compensation. Also, mental issues arising from work accidents that cause post-traumatic stress disorder are covered under worker’s compensation.
Why Would I Need A Workers’ Compensation Attorney in NYC?
The benefits afforded by workers’ compensation and the situations they cover seem fairly straightforward, but the scenarios that can result from a workplace injury can be anything but simple. Further, like with any other type of insurance, the companies make a profit when they do not have to pay out on claims. The investigator representing the insurer will do all they can to make sure their company pays as little as possible given any opportunities.
Plus, in part due to the labyrinth of rules and regulations, navigating the application process for workers’ compensation can be overwhelming for the average worker.
Even if a claimant wins a workers’ compensation claim, an experienced workers’ compensation attorney can help them fully understand and take advantage of what’s offered. Claimants have to prove the validity of their claims, and that often requires a lot of paperwork and organization. If the claim goes to trial, an attorney experienced in these matters can:
- Gather medical records
- Arrange treatment with physicians and specialists, as well as obtain medical opinions through independent examiners
- Conduct depositions from those medical experts
- Arrange testimony from experts about a job’s physical requirements
- Collect statements from friends, family members, or coworkers about a claimant’s daily activities and how the injury interferes with those activities
- Collect evidence of an employer’s history of poor workplace safety or proper occupational training, if applicable
If the insurance company decides to settle without going to court, a workers’ compensation attorney can help negotiate and structure a settlement by:
- Previous wages
- The extent of the injuries and the limitations they place on the claimant (loss of ability to work, inability to maintain a household, loss of consortium, etc.)
- How past medical expenses and needs will change due to workplace injury
- How lasting impairments or, if applicable, permanent disability affects the claimant
- Matching insurance payouts with third-party funding, such as from Social Security or Medicare/Medicaid
Don’t Wait. Call Today.
The theory of labor value says that a fair day’s work deserves fair compensation. It also says that the best outcome for labor is a safe, reliable work environment. A smart employer takes care of their employees when they’re on the job and when they get hurt. But profit is profit, and sometimes the worker needs outside assistance in order to obtain compensation for injuries suffered as a result of their work.
The Weinstein Group’s attorneys have over 30 years of experience representing clients in labor issues. We will be your counselor, both in court and out, and help you explore all the possibilities available for a workers’ compensation claim. Detail-oriented, we look for avenues that other lawyers may miss or not even consider.
Call us today at 212-741-3800 to set up a no-risk consultation. The sooner you call, the sooner we can get you the compensation needed to get on with your life.