Get Help From Experienced Workers Compensation Lawyers in New York City
As soon as you become injured on the job or develop an illness that is work related, it’s important that you take immediate action towards pursuing a workers’ compensation claim. If you’re not sure of how to go about filing for workers comp, then you’ve come to the right place. Give us a call today at 646-798-6610 to receive a FREE consultation from one of our experienced workers compensation lawyers here in New York City.
On our site we have provided some general information about workers compensation in NYC. Read on to learn (1) what is workers compensation, (2) what workers compensation insurance covers, (3) the time limit to file for workers comp, (4) if you can be fired for filing a workers compensation claim, (5) what to do if your employer doesn’t have workers comp insurance, and more pertinent information. Our workers compensation lawyers in New York City are here to ensure that you both know your legal rights and get the full compensation you deserve.
What is Workers Compensation Insurance?
Most workers in New York City are covered by workers compensation insurance. The insurance is provided to employees through their employer. The main purpose of workers compensation is to provide financial relief for any work-related injuries or illnesses you may receive while on the job.
Having workers compensation insurance means that you have a way to afford the medical attention and care you need due to job related injuries. Workers compensation insurance also covers loss wages, future loss wages, mental anguish and other damages that may result from any work injuries or illnesses.
It’s important to note that workers do not need to prove negligence in order to file a workers’ compensation claim with the New York City Workers Compensation Board, or the federal government if they are a federal employee.
Do My Injuries Qualify for Workers Compensation?
Many workers who find themselves injured on the job often ask themselves: do my work injuries qualify for workers compensation? Without a sure answer many workers fail to file when they should have. That is why it is important to note that any injuries caused in whole or in part by work accidents or working conditions may be covered by workers compensation. If you are still unsure whether your injury is eligible for workers comp benefits then we highly recommend you reach out to one of our New York City workers compensation lawyers. Our legal team specializes in this field and can help you assess whether your injury or illness qualify for benefits before the statute of limitations expires.
Are Injuries or Damage to the Lungs Covered By Workers’ Compensation?
Yes. If you or a loved-one has been exposed to harmful substances like asbestos, toxic fumes, smoke, or chemicals you may qualify for workers’ compensation. Lung cancer, asbestosis, and mesothelioma can all be caused by inhaling harmful substances while on the job-site.
Does Workers Comp Allow Me to Choose Which Doctor I Want?
Yes, you have the right to choose your own health care provider. The law was updated in 2007 to include new procedures and regulations but the core principle remains – you are able to choose your own doctor in most circumstances. There are some exceptions based on your employer’s insurance setup in which they may participate in a Preferred Provider Organization, Alternative Dispute Resolution group, or some insurers require you to use Certain Medical (Diagnostic Testing) facilities in order to meet their policy requirements.
Can I Keep My Job If I File for Workers Compensation?
One of the most common questions employees who have been injured on the job want to know before they make the decision to file for workers compensation is: can I keep my job if I file for workers comp? The short answer is yes, however there are some exceptions. If an employee decides to file for workers compensation (or is temporarily disabled on workers compensation), then an employer is not legally permitted to discriminate against you by firing you, laying you off or downgrading your pay. If they do, you and your workers compensation lawyer may choose to pursue legal remedies in return.
However, there are some exceptions to the rule. For instance, if medical evidence determines that you won’t be physically able to return to your usual occupation, or if your employer employer needs to find a replacement for your position to keep the business running. The employer will have the burden to prove that the business is in fact suffering due to an absence in your position, thus they will likely hire a temporary employee rather than lay you off.
Can I Sue My Employer for a Work Related Injury?
If your New York City employer does not have workers compensation insurance, New York state law permits you to file a personal injury lawsuit against your employer. In addition, your employer could also face fines for failing to hold workers compensation insurance.
Why Should I File a Workers Comp Claim?
By law you will have no out-of-pocket expenses. Your employer’s worker’s compensation insurance company will pay all medical costs if the care is deemed reasonable, necessary, and related to your work injury. Covered medical charges can include hospital stays, physician consultations, ambulance rides, x-rays, medical and rehabilitation devices, therapy, and prescriptions. You will not have any co-pays or deductibles and all medical costs will be charged to the insurance company.
You are also eligible for mileage reimbursement for travel to and from your medical care providers. No medical provider can ask for upfront payment or ask you to use your normal insurance policy to cover their bill once you make them aware that your treatment is part of your workers’ compensation claim. If your local pharmacy is unable or unwilling to bill the insurance company directly then you are eligible to access the Injured Workers’ Pharmacy at 1.888.312.7945. They will handle all billing with your employer’s insurance company to avoid any out-of-pocket costs to you.
Filing a workers compensation claim may be the only way you get the financial relief you deserve for your personal injuries. If you do not file a workers’ compensation claim you risk losing your ability to collect benefits and losing your right to medical care. If you or a loved-one should have filed a claim but has not filed yet, contact us immediately at 646-798-6610 for advice and assistance.
Why Was My Workers Compensation Claim Denied?
If your workers compensation claim has been denied, don’t feel dismayed or give up. Several legitimate claims have initially been denied, forcing employees to hire an experienced workers comp lawyer to enforce their rights and collect the compensation they are entitled to. That still leaves the question of why their workers comp claim was denied in the first place. Some of the key reasons why your workers compensation claim may be denied are as follows:
- You didn’t report your injury immediately
- There was no eye witness
- Discrepancy between the accident report and initial medical records
- Medical records indicate illegal drugs were in your system when the injury occurred
- You refused to sign medical authorizations
- A recorded statement was not provided to the insurance company
- Your workers compensation claim was filed after you were fired or laid off
Regardless of the reason your workers compensation claim was initially denied, it is important that you reach out to an experienced workers compensation lawyer in the New York City area who can get you the money you deserve for the injuries and consequences of the injuries you suffered while on the job. Give us a call today at 646-798-6610 for a free case review. Our legal team is here to fight for your rights through and through.
Why Can’t I Get The Medical Treatment Recommended By My Doctor?
Some treatments are not part of the New York State Workers’ Compensation medical guidelines. If your doctor recommends a treatment which is not part of these guidelines then he will need to fill out form MG2. Even though some treatments are not accepted initially, you may still be able to receive these treatments after appeal and review by additional medical professionals who work closely with the Workers’ Compensation Board. We are happy to speak with you about your specific situation — Start With A Free Consultation Today.
Get the Workers Compensation You Deserve — Call Our New York City Workers Comp Lawyers Today for a FREE Consultation!