Best Workers Compensation Lawyers in New York

About Workers Compensation Law in New York, United States:

Workers Compensation in New York is a system that provides benefits to employees who suffer work-related injuries or illnesses. It is designed to ensure that workers receive necessary medical treatment and compensation for lost wages without having to file a lawsuit against their employer. Employers in New York are required by law to carry workers' compensation insurance to cover their employees.

Why You May Need a Lawyer:

While the workers' compensation system is intended to be straightforward, there are situations where legal assistance may be necessary. For example, if your claim is denied, if you are not receiving the benefits you are entitled to, or if your employer is retaliating against you for filing a claim, a lawyer can help protect your rights and navigate the legal process on your behalf.

Local Laws Overview:

In New York, workers' compensation laws are governed by the New York State Workers' Compensation Board. Key aspects of the law include the requirement for employers to provide coverage for their employees, the types of benefits available, and the process for filing a claim and appealing a decision. It is important to be familiar with these laws to ensure you receive the benefits you are entitled to.

Frequently Asked Questions:

1. How do I file a workers' compensation claim in New York?

To file a claim, you must report the injury or illness to your employer, complete Form C-3 and submit it to the Workers' Compensation Board. It is recommended to seek legal advice to ensure your claim is properly filed.

2. What benefits am I entitled to under workers' compensation in New York?

Benefits may include medical treatment, wage replacement, and vocational rehabilitation, among others. The specific benefits you are entitled to will depend on the nature and severity of your injury.

3. Can I choose my own doctor for treatment under workers' compensation?

In New York, you may be required to see a doctor selected by your employer's workers' compensation insurance provider. However, you may seek a second opinion from a doctor of your choice.

4. What should I do if my workers' compensation claim is denied?

If your claim is denied, you have the right to appeal the decision. It is advisable to seek legal representation to assist you in the appeals process.

5. Can I be fired for filing a workers' compensation claim?

No, it is illegal for an employer to retaliate against an employee for filing a workers' compensation claim. If you believe you are being retaliated against, seek legal advice to protect your rights.

6. How long do I have to file a workers' compensation claim in New York?

You typically have two years from the date of the injury or illness to file a claim, but it is recommended to file as soon as possible to ensure timely benefits.

7. Can I receive workers' compensation benefits if my injury was my own fault?

Yes, workers' compensation in New York is a no-fault system, meaning you are generally entitled to benefits regardless of who was at fault for the injury.

8. What is the role of the Workers' Compensation Board in New York?

The Workers' Compensation Board oversees the administration of workers' compensation claims in New York, including adjudicating disputes between injured workers and employers or insurance carriers.

9. Can I settle my workers' compensation claim in New York?

Yes, you may be able to settle your claim through a negotiated agreement with the insurance carrier. It is advisable to consult with a lawyer before agreeing to any settlement.

10. How much does it cost to hire a lawyer for my workers' compensation claim?

Many workers' compensation lawyers in New York work on a contingency fee basis, meaning they only get paid if you win your case. This can make legal representation more accessible to those in need.

Additional Resources:

For more information on workers' compensation in New York, you can visit the New York State Workers' Compensation Board website at http://www.wcb.ny.gov/. You can also contact the board directly for assistance with your claim or questions about the process.

Next Steps:

If you are in need of legal assistance with your workers' compensation claim in New York, it is recommended to contact a qualified workers' compensation lawyer who can guide you through the process and help protect your rights. Do not hesitate to seek help if you believe your claim is being unfairly denied or if you are facing any other challenges in seeking workers' compensation benefits.