Workers’ compensation is a type of insurance that is intended to provide injured workers with certain types of wage replacement and medical benefits for injuries sustained while working
Under workers compensation, a worker is typically entitled to receive financial compensation when they are injured, no matter what caused the injury. In return for this right to limited protection, workers give up their right to sue their employer for negligence.
New York State law requires employers to provide workers’ compensation benefits by purchasing insurance or by self-insuring. Benefits are set by a state formula and include payments for medical care and to replace lost income, as well as time off for medical reasons related to the injury. Ultimately, workers’ compensation is intended to protect workers and their families, while minimizing the need for litigation.
Am I Eligible For Workers’ Compensation?
If you work for a covered New York employer (almost everyone!) then you are eligible for workers’ compensation benefits if you are injured out of and in the course of your employment from the moment you begin work.
In fact, your employer must ensure safe access to and from work and sometimes travel to and from work could be covered by workers’ compensation depending on circumstances.
Furthermore, your injury doesn’t have to be caused only by a physical accident. Conditions or illnesses that occur over a long period of time are covered by workers’ compensation too. These include carpal tunnel syndrome, back problems, and stress-related problems such as mental health issues, heart attacks, and strokes.
This is just one of many questions about workers’ compensation that we receive from our clients on a regular basis.
Workplace Accidents & Injuries In New York
New York is home to some of the most dangerous work conditions in America. While certain industries are inherently dangerous, such as the construction industry, an accident can occur in any type of work environment.
Some of the most common types of workplace accidents that we see in New York include:
These are just some of the accidents that our clients have been injured in, however we represent injured workers who were involved in all types of accidents.
Common Job-related Injuries & Illnesses
Employees can receive workers’ compensation for a variety of different types of injuries.
In fact, your injury does not have to be caused only by an accident for you to obtain workers’ compensation. Conditions or illnesses that occur over a long period of time are covered by workers’ compensation too.
Some of the most common types of workplace injuries that we handle include:
Injured Workers We Represent
Our attorneys represent workers in all industries and professions in New York. Whether you were hurt in a construction accident or injured at the office, we are here to help you recover the compensation that you deserve.
That being said, our clients consist of many different types of injured workers including, but not limited to:
These are just some examples of the industries and professions in which we represent injured workers. However, we represent workers from all industries to help them recover workers’ compensation and other forms of financial support.
Filing A Workers’ Compensation Claim
The application process for a workers’ compensation claim consists of many important and time-sensitive steps. Unfortunately, many injured workers denied the benefits that they need because they do not seek legal help when filing a workers’ compensation claim.
Understanding the proper steps to take after a work-related injury can prove to be crucial in your efforts to obtain workers’ compensation as well as any other form of compensation that you may be entitled to.
Steps To Take After A Workplace Injury
- Obtain necessary medical treatment
- Notify A Supervisor About The Accident in Writing
- File A Claim with the New York Workers’ Compensation Board (Forn C-3)
- Obtain Doctor’s Initial Report (Form C-4) Within 48 Hours of Treatment
- Employer Reports The Injury To Workers’ Compensation Board & Insurance company
- Obtain Written Statement of Rights From Insurance Company
Why You Need an Experienced Work Accident Attorney On Your Side
There’s a popular misconception about workers’ compensation that needs to be dispelled right now for you to understand why you’ll need a lawyer to fight for your benefits if you have been injured on the job in New York:
Just because you have a legitimate injury and cannot work, it does not mean that you will receive workers’ compensation. That’s because benefits are paid by your employer’s insurance company, which has an arsenal of lawyers who are paid to deny your claim.
Denials are common during the first go-round of your claim because your case is handled by a third party insurer (not the State!), which doesn’t like to pay up. When your claim is denied or your benefits are reduced or terminated, you are allowed to a hearing before a law judge. If you are at this stage and haven’t already gotten a lawyer, call Markhoff & Mittman right away. You are involved in a legal proceeding, and the other side will definitely be represented by an attorney.
If the other side has a lawyer, you need one, too. Markhoff & Mittman attorneys will do all we can to ensure that you collect the benefits to which you are due. The thousands and thousands of cases we have won have given us the best experience possible to handle your case in the most effective way possible.
We know the in’s and outs of gathering medical evidence, filing well-documented claims, and appearing at formal hearings. We know how to protect you from insurance company attempts to poke holes in your case, and we know how to handle all types of hearings and appeals before the New York Workers’ Compensation Board’s Judges and Commissioners.
Have you or a loved one been injured at work? You have come to the right place.
The Disability Guys have been serving injured workers in New York since 1933 and have helped thousands of injured workers in obtaining workers’ comp over the years. Call us today at (866) 205-2415 or contact us online to discuss your legal options after a workplace injury.
By Brian M. Mittman
March 2, 2017- Recycling Facility Accident Leaves 24-Year-Old Worker Dead
A 24-year-old worker died at a recycling facility after he was trapped inside a baler machine he was working on. The man sustained fatal injuries and was pronounced dead at the scene of the accident. Occupational Safety and Health Administration (OSHA) has opened an investigation which will include interviews with the employer, other employees, and any potential witnesses.
February 17, 2017- Worker Killed In Mudslide Clean-Up Accident
During the clean-up of a massive mudslide off Highway 17 in Scotts Valley, California, one of two Graniterock workers was killed. The two workers were part of a crew that was clearing the mudslide when they were both run over by a construction truck. It was reported that the two men were pinned under the truck’s wheels and one of them died shortly after being struck. The second worker was rushed to the hospital where he was still conscious and talking.
January 12, 2017- Industrial Accident Leaves Worker With Life-Threatening Injuries
A worker was recently taken to a local hospital in Jacksonville Florida after he fell off a lift while changing light bulbs at a Southside warehouse. Police confirmed that the 74-year-old man was inside the building fixing light fixtures and bulbs at the time that he fell off of the lift. Witnesses state that he fell from 20- 30 feet and violently hit the ground. There is an ongoing investigation into this fall.
December 14, 2016- Louisiana Workers Critically Injured In Refinery Fire
Six people were injured after a fire broke out inExxonMobil’s refinery in Baton Rouge. Four people were critically injured. Anonymous sources stated that the fire started when a crew tried to restart the facility’s alkylation unit, used in the production of gasoline, which had been shut down for repairs. It is believed that the compressor blew out during the restart attempt and ignited a fire that caused severe burns on four of the work crew. The federal Chemical Safety Board (CSB) has launched an investigation into the fire, but it does not have the power to enforce regulations or give fines against the company.
November 10, 2016- Lineman Dies In An Electrical Accident
A man from Illinois working as a lineman in Winnebago County died from injuries he sustained in an electrical accident. The 30-year-old came into contact with charged wires and was flown to a Dane County hospital but he did not survive. His preliminary autopsy results show that he had an accidental electrocution. Local authorities and OSHA are investigating his death.
October 1, 2016- Column Panel Topples Over And Kills Construction Worker
In San Diego, a column panel fell on a construction worker at a work site and killed him. According to a Department of Industrial Relations spokeswoman, the accident took place after another employee was about to pour concrete into a form. The form fell over and toppled over on the other worker. The state’s Occupational Safety and Health Administration is investigating the death.
September 27, 2016- Man Loses Arm In Construction Accident
A 34-year-old construction worker had to have his left arm amputated after an accident inside an elevator shaft took place. The accident took place at a building that was under construction in the 700 block of North Hudson Avenue in River North. According to fire officials and police, the man was transported to Northwestern Memorial Hospital in critical condition where he underwent surgery.
August 17, 2016- Avon Construction Worker Killed After Being Hit By Dump Truck
In Avon, a construction worker was recently struck and killed by a dump truck in a construction zone. The worker was an Avon resident and he was pronounced dead at the scene. The truck he was directing mysteriously struck him, according to the police. Both the construction worker and driver worked for KMU Trucking Inc. It is unknown whether or not charges will be issued, but there is an open investigation into the accident.
June 8, 2016- Mamaroneck Utility Worker Injured After Falling Into A Manhole
On June 7, 2016, Mamaroneck police reported that a utility worker fell down into a manhole. The man was able to pull himself out of the manhole and he reportedly suffered some injuries, but the extent of the injuries was not immediately known.
May 11, 2016- Organized Labor Protests Against Unsafe Bank Building Conversion Project
Recently, organized labor took to the streets of New York City near 1 Wall Street to protest a 50-story bank building’s conversion project. The protest was over the project’s developer who is being accused of not caring about the lives of New York City workers. Several tradespeople gathered in protest for responsible development. The protest comes after New York City observed Workers Memorial Day in remembrance of construction workers who lost their lives on the job.
April 14, 2016- NY Workers’ Compensation Reforms Have Been Shelved At The Moment
Attempts to change the New York State’s Workers Compensation Board have recently been shelved and do not look like they will be part of the 2016-17 budget. The reasons behind putting off these talks, for now, are in part due to the complexity of the system for workers who are injured on the job, as well as other pending issues that are currently under debate such as minimum wage and family leave. Republican-led Senate and Democratic Assembly both rejected changes to the Workers’ Compensation Board proposed in their budgets in March.
March 17, 2016- Doctors Who Don’t Accept Workers’ Comp Getting Injured Workers Referred To Them In NY
Recent reports have discovered that several doctors who used to accept workers’ compensation insurance have opted out of the program, but they still find themselves listed as participants by the New York State. Injured workers trying to find a provider are suffering the consequences of this issue. In one case an injured worker was provided a list of 64 doctors to attend to his injuries, however, not one of them could assist him because they no longer accepted workers’ compensation.
February 5, 2016- Construction Worker Falls Six Stories And Dies
On Thursday February 4th, 2016 a Manhattan construction worker fell six stories and died. The man was standing on a fire escape according to authorities. He was a 62-year-old man from Queens who was replacing gutters at a building on 124 E. 107th St. in East Harlem. The man is believed to have slipped and fell six stories down. Unfortunately, he was not wearing safety equipment and was pronounced dead at the scene of the accident. This incident is being investigated by the Department of Buildings.
January 15, 2016- Boston,MA Workers Compensation Settlement Hopes To Prevent Future Deaths
In April 2014, two men were killed when a crane they were working on overturned and fell nearly 140 feet while they were harnessed to the crane. These deaths should never have occurred. A settlement agreement has now been reached between the U.S. Department of Labor and Mass Bay Electrical Corp., that ensures the East Boston Electrical contractor the men were working for, provides extensive corrective action. The corrective action is set to prevent future deaths and injuries. A training fund has also been established in memory of the two men who died.