What to Do When You’re Injured at Work
New York Workers' Compensation Lawyer
Our New York Workers Comp Lawyer understands the intricacies and challenges faced from workplace injuries. Here at Tomack Law, a workers compensation law firm in New York, we have the experience necessary to walk you through the ins and outs of workers compensation laws and ensuring you receive the benefits you are entitled to. So, if you’ve been injured at work, and are wondering if you qualify for a workers comp claim in NY, call us!
Why Choose Tomack Law as Your New York Workers Comp Lawyer
David I. Tomack, Esq. has been serving New York workers comp claims for over a decade. He is an expert New York Workers' Comp Lawyer.
Expertise in New York Workers Compensation Laws
Our team focuses on workers compensation legislation, understanding the most recent regulations and legal prerequisites. Therefore, this expertise allows us to provide you top notch representation and guidance.
Tailored Approach
Each case is unique and we custom tailor our approach accordingly. So, we invest time in getting to know your unique situation and give you personal care and provide customized legal strategies which are suitable to your needs.
Complimentary Consultation
We offer a free consultation so that we can review your case and help you come up with the best plan of attack. This obligation free session enables you to get an understanding of our approach and how we can help you.
Contact A Workers Comp Lawyer
Expert NY Workers Compensation Lawyer
The objective of workers compensation is to offer compensation to employees who have suffered an injury or disease while at work. Therefore, if you sustained an injury at work, you need to inform your employer as soon as possible and begin the workers compensation process. Medical treatment, lost income and compensation for any permanent disability might be covered by your claim.
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:
- Back and neck issues
- Repetitive strain injuries
- Slips and falls
- Exposure to hazardous substances
- Accidents involving machinery
- Extremity Injuries/strains/sprains
- And more!
Who We Work With
- NYC DOC Employees
- Con-ed
- Verizon
- Town Employees
- City Employees
- Municipal Employees
- Department of Transportation Employees
- Parks & Rec Employees
- Firefighters
- Police Officers
- And more!
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:
Serious Injuries
If you were seriously injured, such as in a traumatic brain or spinal cord injury, that resulted in long term disability and a need for extensive medical treatment because of a workplace accident.
A lawyer can help: Often, severe injuries also incur large medical bills and render the injured unable to work for a lengthy period of time. A lawyer can make sure that you receive fairly as regards your medical bills, lost earnings, and future disability benefits.
Permanent Disability
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.
Existing Health Conditions
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.
Employer Retaliation
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.
Third Party Liability Claims
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.
Disputed Medical Procedures
Example: Your doctor is recommending surgery, but the insurance company refuses to approve the treatment.
A lawyer will clearly advocate for you to ensure that you receive proper medical care, and to challenge any refusals of the insurance company.
Issue with Calculating Wages
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.
Complexity of Claim Processes
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.
Negotiating Settlements and Lump Sum Payments
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.
Handling Death Benefits
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.
Dealing with Work Related Disputes
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 New York Workers Comp Lawyer Near You Today!
Choose Tomack Law For NY Workers Compensation Claims
The process of filing a workers compensation claim is intricate and overwhelming. At Tomack Law, PLLC, our New York Workers Comp Lawyer will support you through every step in the process. From communicating with your employer, to working with the state’s workers compensation board, we approve it promptly so that any necessary paperwork is completed accurately and all your benefits will come in quickly.
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:
Complete Form C-3 online and submit it to the Worker’s Compensation Board (WCB) within two years of the accident. 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
What steps should I take if I sustain an injury at my workplace?
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.
How can I initiate a workers compensation claim?
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.
Am I allowed to select my own physician?
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.
What kind of benefits am I eligible for?
Potential benefits encompass medical care, reimbursement for lost income and payments for permanent disability based on the severity and impact of your injury.
What is the timeframe for filing a claim?
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.
How should I proceed if my claim gets rejected?
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.
Can I lose my job for filing a workers compensation claim?
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.
How do they determine the amount of lost wages?
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.
What does permanent disability mean?
A permanent disability refers to an injury that leads to long term or lifelong impairment, encompassing both physical and mental conditions.
How can a New York workers comp attorney assist me?
A permanent disability refers to an injury that leads to long term or lifelong impairment, encompassing both physical and mental conditions.
What kind of benefits am I eligible for?
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.