If you were injured on the job, you may be entitled to Workers’ Compensation. In New York, Workers’ Compensation (also known as Workman’s Comp) is available to nearly all employees, whether they work part-time or full-time. Because it is a no-fault system, you do not need to prove that your employer or any other individual was negligent in order to qualify for benefits, just that you were injured while at work or while carrying out work-related activities.
Since 1996, the Law Office of Joseph J. Perrini, III has been representing injured workers in complex workman’s compensation claims. Based on Long Island, our Workers’ Comp attorney proudly represents clients in Queens and throughout New York City and the surrounding areas. We have recovered tens of millions of dollars for our clients, and we are prepared to help you seek the full, fair benefits you are owed.
What Do Workers’ Compensation Benefits Cover in New York?
In New York, Workers’ Compensation pays the following benefits:
- Medical Benefits: Workers’ Compensation pays all “reasonable and necessary” medical expenses related to your on-the-job or work-related injury. This includes copays, treatments, hospital fees, prescription medications, and, in some cases, mileage to and from medical appointments.
- Temporary Disability: You may qualify for temporary total disability (TTD) or temporary partial disability (TPD) benefits if your work-related injury prevents you from working at all or at full capacity. TTD benefits are typically paid at two-thirds your average weekly wage, subject to a weekly maximum. TPD benefits are generally paid at two-thirds of the difference between your average weekly wage before you were injured and your new weekly pay, also subject to a weekly maximum.
- Permanent Disability: If your work-related injury leaves you with an impairment that permanently prevents you from returning to your past employment at full capacity or at all, you could qualify for permanent partial disability (PPD) or permanent total disability (PTD) benefits. These benefits are awarded based on your impairment rating, which is provided by your doctor after you have reached maximum medical improvement.
- Vocational Rehabilitation: Some injured workers may qualify for vocational rehabilitation benefits. These benefits are meant to offset some of the costs associated with job retraining and reentry into the workplace, such as educational courses, learning materials, training, and more.
- Death Benefits: When a worker dies on the job or due to a work-related health condition, their surviving family members may be entitled to death benefits through the Workers’ Compensation system. Eligible family members include spouses, children, and other dependents. Death benefits include both wage replacement benefits and compensation for “reasonable” burial and/or funeral expenses.
How Do You Qualify for Workers’ Comp Benefits?
To qualify for benefits, you must be a covered employee. Independent contractors and some other workers do not qualify for workman’s comp in New York. Additionally, you must sustain a work-related injury, illness, or medical condition to be eligible for benefits.
What Are the Most Common Workplace Injuries?
The most common workplace injuries are:
- Slip and falls
- Struck by falling equipment
- Crashes or collisions
- Fire and explosions
- Exposer to harmful substances
What to Do If You Are Injured at Work in Long Island, NY
If you are injured on the job or suffer a work-related medical condition, the first thing you should do is seek medical attention. If necessary, call 911. Make sure you receive proper treatment first, then take the appropriate steps to notify your employer and file your claim with. Depending on your situation, you may also want to consult with a Workers’ Compensation lawyer in Long Island.
To file a Workers’ Compensation claim in New York, you will need to do the following:
- Notify your employer of the injury as soon as possible. Make sure you provide written notice within 30 days of the injury, or you could lose your right to file for Workers’ Compensation.
- Next, your employer must report the injury to the Workers’ Compensation Board within 18 days of the injury or within 10 days of learning of the injury, whichever is longer.
- Although your employer is responsible for reporting the injury, you will still need to file a Workers’ Compensation claim with the Workers’ Compensation Board. You can do this by filing an Employee Claim (C-3) online or by mail.
How Long Do You Have to File for Workers’ Comp in NY?
In most cases, you have two years from the date of the injury to file a Workers’ Compensation claim in New York. We strongly recommend that you work with an experienced Long Island Workers’ Comp attorney who can help you file all necessary paperwork and avoid missing any crucial deadlines.
If your claim is denied, or if you experience any issues with your benefits, your Long Island Workers’ Compensation attorney will also be able to help you protect your rights and take the next steps.
Almost 30 Years of Experience in Long Island Workers’ Comp
At the Law Office of Joseph J. Perrini, III, our Long Island Workers’ Compensation lawyer understand that this can be a confusing and stressful process. Attorney Joseph J. Perrini, III is here to guide you and represent your rights throughout the entire process. We offer contingency fees, meaning you do not pay anything unless we recover compensation for you. There is absolutely no risk in speaking to a member of our personal injury team about your claim today.