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Expert Workers Comp Attorney NY

Workers Comp Attorney in New York

We comprehend the intricacies and hurdles associated with workplace injuries. As seasoned attorneys specializing in workers compensation in New York, we are committed to guiding you through the complexities of workers compensation laws and ensuring you receive the benefits you are entitled to. If you’ve been injured at work, give us a call today to see if you qualify for a workers comp claim in NY.

Why Choose Tomack Law as Your New York Workers Comp Attorney

David I. Tomack, Esq. has been serving New York workers comp claims for over a decade.

Expertise in New York Workers Compensation Laws

Our team focuses on workers compensation legislation, staying abreast of the most recent regulations and legal prerequisites. This expertise enables us to offer you top notch representation and guidance.

Tailored Approach

Each case is distinct and we treat it accordingly. We invest time in understanding your unique circumstances, providing personalized attention and customized legal strategies tailored to your requirements.

Complimentary Consultation

We provide a free consultation to review your case and determine the most suitable course of action. This obligation free meeting allows you to familiarize yourself with our approach and how we can assist you without any financial obligations.

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    Understanding Workers Compensation in NY

    Workers compensation aims to provide benefits to employees who sustain work related injuries or illnesses.If you’ve suffered an injury at work, it’s important to inform your employer promptly and start the process of submitting a workers compensation claim. This may cover medical treatment, lost income and compensation for any permanent disabilities.

    Types of Common Workplace Injuries

    Work related injuries can vary from minor cuts and bruises to more serious conditions like fractures, head injuries or lasting disabilities. Some typical injuries include:

    Who We Work With

    Submitting a Workers Compensation Claim

    The process of filing a workers compensation claim can be intricate and overwhelming. At Tomack Law, PLLC, we support you through each stage. From informing your employer to navigating the state’s workers compensation board. We ensure all required paperwork is filled out accurately and promptly to prevent any delays in receiving your benefits.

    When Should You Consider Hiring a New York Workers Compensation Lawyer?

    Hiring an attorney for your workers comp case can have a significant impact on its outcome, particularly for intricate or disputed claims. Here are specific instances where seeking legal representation is advisable:

    If you put in a claim due to hurting your back while lifting heavy boxes at work and the insurance company turns down your claim, arguing that your injury is not related to work.

    A lawyer can help: Assist you in collecting the necessary proof to demonstrate that your injury is indeed work related, challenge the rejection and stand by you during hearings held by the New York State Workers Compensation Board.

    For example, if you experience a serious injury like a traumatic brain or spinal cord injury in a workplace accident that leads to extensive medical treatment and long lasting disability.

    A lawyer can help: Severe injuries often bring about substantial medical expenses and prolonged time away from work. A lawyer can ensure you are fairly compensated for medical bills, lost earnings and future disability benefits.

    For example, if you end up with a permanent disability such as the loss of a limb or persistent back pain due to a workplace injury that hinders your ability to return to your previous job.

    A lawyer can help: Determining permanent disability benefits can be intricate. A lawyer can help you secure the maximum benefits owed to you and provide support with any vocational rehabilitation requirements.

    Let’s say you have a health condition that was worsened by an incident at work. The insurance company argues that your current health problems are all because of your existing condition.

    A lawyer can assist in proving that the work related incident made your existing health condition worse, making you eligible for workers compensation benefits.

    If you file for workers compensation and then face demotion or dismissal from your job, with the employer citing poor performance but you suspect it’s actually retaliation.

    A lawyer can help: It’s unlawful for employers to retaliate against employees who file workers compensation claims. A lawyer can help safeguard your rights, lodge a complaint and seek justice for wrongful termination.

    Suppose you get injured on a construction site due to faulty equipment provided by a third party, not your employer.

    A lawyer can help: Apart from filing a workers compensation claim, there might be grounds for a liability claim against the third party involved. A lawyer can guide you in seeking additional compensation from the equipment manufacturer or supplier.

    Your doctor suggests surgery for your workplace injury, but the insurance company denies approval for the treatment.

    A lawyer can support you by advocating on your behalf to make sure you get the proper medical care and contest any refusals from the insurance company.

    For instance, if there is an error in calculating your average weekly wage, it might lead to receiving lower compensation than what you should rightfully receive.

    A lawyer can examine your wage records, ensure accurate calculations and push for the correct amount of lost wage benefits.

    If you’re feeling overwhelmed by the paperwork, deadlines and legal steps involved in submitting a workers compensation claim.

    A lawyer can manage all the aspects of the claim process, ensuring that everything is filed correctly and on time so that you can concentrate on your recovery.

    In a situation where the insurance company proposes a lump sum settlement but you are uncertain about its fairness.

    A lawyer can assess the settlement offer, negotiate on your behalf and guarantee that you obtain a fair and sufficient settlement covering future medical costs and lost wages.

    In case of losing a family member due to a workplace accident and needing to apply for death benefits.

    A lawyer can help: Hiring a lawyer can assist you in navigating the procedures involved in applying for death benefits, ensuring that your family receives the necessary financial assistance during this challenging period.

    For instance, if you develop a repetitive strain injury such as carpal tunnel syndrome and your employer disputes its connection to your job.

    Demonstrating the work related nature of specific injuries can pose difficulties. A lawyer can compile evidence, secure expert testimony and construct a compelling argument to support your case.

    Call A Workers Comp Attorney Near You Today!

    Choose Tomack Law For NY Workers Compensation Claims

    The process of filing a workers compensation claim can be intricate and overwhelming. At Tomack Law, PLLC, we support you through each stage. From informing your employer to navigating the state’s workers compensation board. We ensure all required paperwork is filled out accurately and promptly to prevent any delays in receiving your benefits.

    Understanding the Workers Comp Claims Process in New York

    Step 1: Notify Your Employer:
    It is crucial to promptly inform your employer about any injuries sustained. This notification should be documented and outline details of the injury and how it transpired.

    Step 2: Seek Medical Attention:
    Immediate medical attention is vital not only for your well being but also for bolstering your claim. It is important to consult with a healthcare provider authorized by the New York State Workers Compensation Board.

    Step 3: Submit Your Claim:
    Submit your workers compensation claim to the state workers compensation board. This process entails filling out various forms and providing documentation of your injury and medical treatment.

    Step 4: Hire a Workers Comp Lawyer in New York:
    Enlisting the expertise of a knowledgeable New York workers compensation attorney from Tomack Law, PLLC can make a significant impact. We handle all interactions with your employer, insurance providers and the state workers compensation board to safeguard your rights. 

    New York Workers Comp Attorney FAQ

    Please inform your employer promptly and seek medical attention. Keep a record of all details regarding your injury and reach out to a workers compensation attorney in New York for advice.

    You must fill out and submit the necessary paperwork to the New York State Workers Compensation Board. A legal representative specializing in workers comp can assist you in ensuring accurate completion and timely submission.

    In New York, you are required to visit a healthcare provider approved by the state workers compensation board. Nevertheless, you retain the option to switch doctors if you are dissatisfied with the initial choice.

    Potential benefits encompass medical care, reimbursement for lost income and payments for permanent disability based on the severity and impact of your injury.

    Typically, in New York, you have two years from the date of injury to submit a claim; however, it is advisable to file promptly to prevent any complications.

    Should your claim be denied, you possess the right to challenge this decision through an appeal process.

    An experienced lawyer specializing in workers compensation can assist you in navigating the appeals process.

    It is against the law for an employer to retaliate against an employee for filing a workers compensation claim. If you feel you have faced retaliation, it is advisable to reach out to a workers comp attorney promptly.

    Lost wages are typically calculated based on your average weekly earnings. The specific amount may vary depending on the seriousness of your injury and your work capacity.

    A permanent disability refers to an injury that leads to long term or lifelong impairment, encompassing both physical and mental conditions.

    A permanent disability refers to an injury that leads to long term or lifelong impairment, encompassing both physical and mental conditions.

    Potential benefits encompass medical care, reimbursement for lost income and payments for permanent disability based on the severity and impact of your injury.

    Medical Care

    Workers compensation encompasses all essential medical care related to your workplace injury or illness. This includes consultations with doctors, hospital stays, surgical procedures, medications and physical therapy sessions.

    Lost Earnings

    If your injury hinders you from working, you may be eligible for reimbursement for lost wages. Typically, this is calculated based on your average weekly earnings.

    Permanent Disability

    In cases where your injury leads to permanent disability, you could be entitled to additional compensation. This may include benefits for partial or total disability.

    Rehabilitation Services

    Should you be unable to resume your previous job duties, workers compensation might cover vocational rehabilitation expenses to assist you in preparing for a new role.

    Get in Touch with Tomack Law, PLLC Today

    If you have suffered a workplace injury, avoid navigating the workers compensation system alone. Reach out to Tomack Law, PLLC for a complimentary consultation. Our skilled New York based workers comp lawyers are ready to offer assistance every step of the way.