Sher, Herman, Bellone, & Tipograph
Workers’
Compensation
Law
What Kind of Benefits Can I Receive?
If you have been injured at work, under almost any circumstances, you are most likely eligible for workers’ compensation benefits. If you are hurt on your first day on the job and not even on the books yet, you are still eligible for workers’ compensation.
Depending on the type and severity of your injuries, you could be entitled to:
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Permanent weekly payments for the rest of your life for permanent disabilities
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A lump-sum settlement
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Unlimited medical treatment without any deductibles
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Awards for scarring, fractures, and hand and arm injuries
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Compensation for lost wages
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Chiropractic for back and neck injuries
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Dental work
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Awards for vision loss
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Awards for lung diseases
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Awards for hearing loss, which is a common construction site workplace injury due to loud equipment such as jackhammers.
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Treatments and awards for psychological injuries. For example, sexual assault or even rape at work can entitle you to benefits for psychological injuries.
There are many different ways to get you the compensation you need for your workplace injuries and construction accidents. We will guide you through all of your options.
Workers’ Comp ‘Independent’ Medical Examination
When you file a workers’ compensation claim, you may be required to undergo an Independent Medical Examination (IME). An IME is an evaluation conducted by a doctor chosen by the insurance company to determine the extent of your injuries and your ability to return to work. While the term "independent" is used, these doctors often have a financial relationship with the insurance company, which can lead to biased results that are not in your favor.
At The Law Offices of Sher, Herman, Bellone & Tipograph, our experienced workers comp lawyers in New York understand the complexities of IMEs and can help you prepare for your examination. We ensure that your rights are protected and that the examination is conducted fairly. If the IME results are not in your favor, we will help you gather additional medical evidence to support your claim.
Appealing A New York Workers’ Comp Denial
If your workers' compensation claim has been denied, don't lose hope. The appeals process in New York allows you to challenge the decision and potentially receive the benefits you deserve. The first step in appealing a denial is to file a written request for a hearing with the New York Workers' Compensation Board.
During the hearing, you will have the opportunity to present evidence and argue your case. This process can be complex and daunting, but with the help of The Law Offices of Sher, Herman, Bellone & Tipograph, you will have skilled workers comp lawyers in New York by your side. We will gather necessary evidence, prepare your case, and represent you during the hearing to help you achieve the best possible outcome.
Workers’ Compensation Claim Process in New York City
Filing a workers' compensation claim in New York City involves several steps, and it’s crucial to follow each one carefully to ensure your claim is successful. Here’s an overview of the process:
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Report Your Injury: Immediately report your injury to your employer. Failing to report your injury promptly can jeopardize your claim.
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Seek Medical Attention: Get medical treatment for your injury. Make sure to inform your healthcare provider that your injury is work-related.
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File a Claim: Complete and file Form C-3, Employee Claim, with the New York Workers' Compensation Board. This form must be filed within two years of the injury.
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Employer and Insurer Response: Your employer and their insurance carrier will be notified of your claim. The insurance company may accept or deny your claim.
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Medical Examination: You may be required to undergo an Independent Medical Examination (IME).
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Hearing: If your claim is disputed, a hearing will be scheduled. Here, both sides can present evidence and make their case.
Navigating this process can be challenging, especially when dealing with injuries. The Law Offices of Sher, Herman, Bellone & Tipograph are here to guide you through every step, ensuring you understand your rights and options.
Workers' Compensation FAQs:
Can I choose my own doctor for treatment after a work injury?
In most cases, you can choose your own doctor for treatment after a work-related injury. However, the insurance company may require you to undergo an Independent Medical Examination (IME) with a doctor they choose.
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What benefits am I entitled to under workers' compensation in New York?
Workers' compensation benefits in New York can include medical treatment, wage replacement, and compensation for permanent injuries. The exact benefits you are entitled to will depend on the specifics of your case.
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Can I receive workers' compensation benefits if I was partially at fault for my injury?
Yes, in New York, you can still receive workers' compensation benefits even if you were partially at fault for your injury. Workers' compensation is a no-fault system, meaning that you do not need to prove that your employer was at fault to receive benefits. However, there are certain exceptions, such as injuries resulting from intoxication or intentional self-harm.