NYC Workers’ Compensation Lawyer
At its core, workers’ compensation is designed to protect companies and businesses by limiting the liability they have if one of their employees gets into a workplace accident.
Content Written by: Samuel Meirowitz
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished NYC personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished NYC personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Quick Links
- Why Choose Meirowitz & Wasserberg Workers’ Compensation Attorneys in New York?
- New York Client Reviews
- New York Workers’ Compensation Case Results
- Our New York Workers’ Compensation Attorney
- Who’s Eligible for Workers’ Compensation in NYC
- What Does Workers’ Compensation Cover?
- What to Do After a Work-Related Injury in New York City
- What Happens If My NYC Workers’ Compensation Claim Is Denied?
- Why Do I Need a NYC Workers’ Compensation Lawyer?
- Filing a Workers’ Compensation Claim
- Your Rights as an Injured Worker in New York
- NYC Workers’ Compensation Independent Medical Examination (IME)
- Schedule a Free Case Review Today
If you or someone you know has been in a workplace accident or received an injury while working in New York City, reach out to the experienced workers’ compensation lawyers at Meirowitz & Wasserberg, LLP for help in navigating the process from start to finish.
Why Choose Meirowitz & Wasserberg Workers’ Compensation Attorneys in New York?
Our experienced workers’ compensation attorneys in New York have more than 30 years of proven experience standing up to employers and insurance companies on behalf of injured workers. As successful trial lawyers with more than $360 million in compensation recovered, we have the knowledge and will to overcome uncooperative employers and their insurance companies.
We started our New York personal injury law firm because we wanted everyday people to have a local law firm where they could receive high-quality legal representation from attorneys who take a personal interest and treat them like family. Our attorneys have received national recognition as Super Lawyers and Top 100 National Trial Lawyers.
When you have our New York workers’ comp attorneys working for you, we handle your case with the utmost care and attention it deserves. We are committed to helping you exercise your right to compensation when you are injured while trying to make a living.
We are deeply familiar with New York workers’ compensation laws and the process of securing compensation. Whether you need to file an initial workers’ compensation claim or appeal a decision, you can count on us to do whatever it takes to get you the benefits you deserve.
New York Client Reviews
New York Workers’ Compensation Case Results
Meirowitz and Wasserberg obtained $3,400,000 in settlement on behalf of a Navy Boiler Tender who went on to be a boiler-room operator and contracted mesothelioma but was unable to testify on his own behalf.
Our New York Workers’ Compensation Attorney
Who’s Eligible for Workers’ Compensation in NYC
To be eligible for workers’ compensation in the state of New York, there are several requirements and guidelines that must be met.
The primary requirements for obtaining workers’ compensation are:
- Working in the state of New York.
- Being employed by an organization or business within.
- Being injured while on duty, whether or not the injury takes place at your place of employment or while carrying out your work duties in another location, such as while you are traveling between job sites or performing work at another site.
Surviving family members of deceased workers are eligible for workers’ compensation death benefits if a workplace injury is fatal and the worker meets the above criteria before death.
What Does Workers’ Compensation Cover?
Workers’ compensation is a no-fault insurance system that provides disability benefits, wage replacement, and compensation for the cost of medical treatment for your work-related injury or illness.
Medical Treatment
The employer’s insurer must pay for reasonably necessary medical costs to treat your workplace illness or injury. You have a right to choose your own health care providers, but you must choose from the list of providers maintained by the state Workers’ Compensation Board. It is illegal for an employer to pressure you to choose a particular provider or interfere with your choice. Medical treatment under workers’ compensation may include such services as:
- Medical care
- Dental care
- Surgery
- Optometric care
- Attendant care
- Nursing care
- Hospitalization
- Medications
- Assistive devices
This is not an exhaustive list. Any medically necessary services related to your work-related injury or illness may be included.
Disability Benefits
Disability benefits are weekly payments to replace a portion of your lost wages while you cannot work because of an occupational injury or illness. Eligibility begins seven days after your injury. Your payment amounts will be based on your average weekly wage during your last year of employment. You will generally receive two-thirds of your average weekly wage, up to the maximum set by law.
The duration of benefits varies based on whether you are totally or partially disabled and on whether your disability is temporary or permanent, as shown in the table below:
Type of Disability Benefit | Duration of Benefit |
Permanent total disability | As long as the disability continues |
Temporary total disability | As long as the disability continues |
Permanent partial disability | 15 to 312 weeks, depending on the type of injury, or up to 525 weeks if your earning capacity is permanently reduced |
Temporary partial disability | As long as the disability continues |
The weekly payment for temporary partial disability will be reduced by any wages you earn during the disability period. If your injury results in permanent facial scarring or disfigurement, you may be eligible for up to $20,000.
Death Benefits
If your loved one dies from a work-related injury or illness, you may be able to continue receiving the worker’s compensation benefits if you are a surviving spouse or dependent child of the worker. A dependent child is a child under 18, a child under 23 attending college, or a disabled child at any age.
If your loved one died before filing a claim, you may be able to file a new claim for death benefits, which include funeral expenses and two-thirds of the worker’s average weekly wage during the year preceding death, divided among the surviving spouse and dependent children, as shown below.
Surviving Family Members | Benefits to Spouse | Benefits to Dependent Children |
Spouse only | 66⅔% | N/A |
Children only | N/A | 66⅔% divided equally between all |
Spouse and children | 36⅔% | 30% divided equally between all |
When children lose their dependency status, the children’s benefits cease and spousal benefits increase to two-thirds. If the spouse passes away, the spouse’s benefit will be divided equally between the dependent children. If the spouse remarries, workers’ compensation pays two years of spousal benefits in a lump sum and ends spousal benefits.
What to Do After a Work-Related Injury in New York City
If you’ve been injured on the job in New York City, follow these instructions immediately in order to ensure your safety and kick off the workers’ compensation claim process:
Immediately seek medical attention. If you are seriously injured, dial 911 right away in an emergency. You can also visit the nearest hospital if you are able, or schedule an appointment with your primary care physician if your injuries are not severe.
Within 30 days, notify your employer. Your employer must be notified as quickly as possible before you can begin your workers’ compensation claim. This is absolutely essential and cannot be overlooked.
You have two years from the date of injury to file a claim according to the statute of limitations in New York.
Appeal your claim decision if necessary. If there are any snags with your workers’ compensation claim or if you wish to dispute the outcome, you should appeal any decisions made within 30 days.
What Happens If My NYC Workers’ Compensation Claim Is Denied?
When you submit your workers’ compensation claim, there’s always a slight chance that your claim could be denied. If this happens, what should you do?
Fortunately, if your claim is denied, it isn’t the end of the world, and there are certain steps you can take to appeal your denial and correct any mistakes that were made.
One of the most common reasons for denial is when an employer does not wish to pay out a workers’ compensation claim because of the potential increase in insurance premiums. Whenever a workers’ compensation claim pays out, the employer will likely face increased insurance charges.
Another common reason for denial is when an employer states that there isn’t enough evidence for your workplace injury. Most of the time, it is claimed that there is inadequate documentation of your workplace accident, and the employer doesn’t have records to show what exactly occurred.
In both cases, an experienced workers’ compensation attorney can help you navigate the process and assist you with winning your appeal. If your attorney has worked through a number of other workers’ compensation cases, he or she will know exactly what to expect from each step of the process and have the inside knowledge that’s required to make your appeal heard.
From the date of your workers’ compensation claim’s denial, you have 30 days to appeal. With the help of a good attorney, you can make this process painless, simple and straightforward and receive the justice and compensation that you deserve.
Why Do I Need a NYC Workers’ Compensation Lawyer?
Without professional guidance and representation, navigating the workers’ compensation process in the state of New York can be tedious and challenging. You have to be aware of all of the deadlines, know which paperwork to file and when and understand the process from start to finish.
In order to save you both time and potential headache, hiring an experienced workers’ compensation attorney such as the lawyers at Meirowitz & Wasserberg, LLP is recommended.
An experienced attorney will help you keep all of your submission deadlines and requirements in check, walk you through the entire claim filing process and be there to answer any questions or concerns you may have.
Your attorney will work with insurance companies in order to gather witness statements, gather evidence as required and retrieve any relevant records that may pertain to your case.
Furthermore, in the event that your workers’ compensation claim is denied, your attorney will help you file a timely appeal and give you the best chance of winning your appeal.
If you or someone you know has been injured on the job in New York City, contact the lawyers at Meirowitz & Wasserberg, LLP today to get the compensation and justice you deserve.
Filing a Workers' Compensation Claim
Report your injury to your employer immediately so you can start receiving medical care. It will be your employer’s responsibility to file a claim with the insurance company. You have up to 30 days after your accident to file a written notice of injury or 30 days after the death of your loved one to report the death. If you do not file the written notice on time, you could lose the right to receive workers’ compensation benefits. As long as you report your accident within 30 days, you have up to two years to file your workers’ compensation claim.
You can ask workers’ compensation to reimburse you for emergency medical treatment you received after you were injured, regardless of whether the provider is on the Workers’ Compensation Board’s list of authorized providers. However, you will need to wait for your workers’ compensation to be approved before continuing your treatment. The Workers’ Compensation Board or employer must deny or approve your claim within 30 days.
You must only seek treatment through an authorized practitioner on the Workers’ Compensation Board’s list of providers. If you are dissatisfied with your doctor, you may switch to another authorized doctor.
Workers’ Compensation Appeals
If any portion of your medical treatment or disability benefits is denied or you receive lower coverage than expected, you may request a modification of benefits within 30 days. If this is denied, you will have 30 days to file an appeal.
If your claim has been denied, it is crucial to involve one of our knowledgeable workers’ compensation attorneys. We can protect your rights, ensure your appeal is filed on time at every level, and hold your employer and their insurer accountable if they do not provide the benefits you are entitled to.
Your Rights as an Injured Worker in New York
New York’s workers’ compensation law was passed to help injured workers by providing support when they are injured at work. Workers’ compensation is a no-fault insurance program that is meant to provide injured workers with fast access to medical care and compensation without having to sue their employer.
Regardless of how your injury occurred, you have a right to recover compensation as long as you were on duty and the injury did not stem from intentional conduct or the influence of drugs or alcohol. This includes injuries that occur during extracurricular work activities, such as sports activities sponsored or required by your employer.
The right to compensation is the same for citizens and noncitizens. If you have a language barrier, the state Workers’ Compensation Board must provide documents translated into your language and interpretation services as needed.
Minors employed illegally who are hurt on the job are entitled to double compensation, and in the event of death, their families are entitled to double death benefits. The employer—not their insurance company—must pay the extra benefits.
Protection Against Retaliation
You have a right to file a workers’ compensation claim without fear of retaliation. An employer cannot fire you, demote you, or otherwise penalize you for filing a claim or testifying on behalf of another employee who has filed a claim. If you believe an employer has retaliated against you, you have two years from the date of the adverse action to file a complaint with the Board of Workers’ Compensation.
If the board finds in your favor, it must order the employer to reinstate you to your previous position, pay rate, benefits, and privileges and pay any compensation you should have received during the period of retaliation. Our experienced New York workers’ compensation attorneys can protect you from further retaliation and file your claim on your behalf.
NYC Workers’ Compensation Independent Medical Examination (IME)
Your employer or insurance company may require you to undergo an independent medical examination at any time after you file your claim, even if you already started receiving benefits. If you refuse to undergo this examination, you can lose your benefits until you attend. An independent medical examiner is a licensed physician who has not previously been involved in your case.
IMEs are sometimes biased in favor of the insurance company. In the past, state government agencies have found that “independent” medical examiners are often incentivized by insurance companies to downplay patients’ disabilities. This can wrongly give the insurance company grounds to deny medical care, reduce your benefits, or stop them altogether. You might not even receive a copy of the report. IMEs may also be less qualified than your workers’ compensation doctor and not specialize in workplace injuries.
If your benefits were reduced or denied as a result of an independent medical examination, you should consult with an attorney to protect your rights. Overcoming the examination results can be challenging, but when you have our experienced attorneys on your side, you can rest assured that we have the skills and experience to restore your benefits to the level you deserve where possible.
Schedule a Free Case Review Today
If you or your loved one were injured on the job, you shouldn’t have to wonder how you will support yourself or your family while the injury keeps you out of work. Our compassionate and skilled New York workers’ compensation lawyers pride ourselves on representing people rather than corporations. We know what it takes to secure the compensation you are legally entitled to. Contact us online or call (844) 446-9529 to schedule your free consultation.
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Practice Areas
- New York Personal Injury
- New York Car Accidents
- New York Truck Accidents
- New York Motorcycle Accidents
- New York Bicycle Accidents
- New York Pedestrian Accidents
- New York Construction Accidents
- New York Slip & Falls
- New York Wrongful Death
- New York Mesothelioma
- New York Train Accident
- New York Burn Injury
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