If you work for a private business in New York and suffered an injury on the job, you are probably covered by workers compensation and can file a claim to recover compensation. This government insurance program covers nearly all private companies and provides injured workers with a streamlined process to recover damages after an on-the-job accident.
Unfortunately, the system is not perfect, and many people who suffer injuries at work find themselves fighting with their employer over workers compensation. A workers compensation lawyer in Bohemia, Long Island, can help. At Gacovino, Lake & Associates, P.C., we can represent you, protecting your rights as an injured worker and helping you get the compensation you deserve.
Our attorneys focus on workers compensation law. We have helped many clients successfully file claims and win compensation, even those whose employers previously tried to deny them. We want to put our resources to work for you and help you get the money you deserve. The initial consultation is always free, so come meet with one of our attorneys and have all of your questions answered. Call 631-600-0000 for an appointment.
What Is Workers Compensation?
Workers compensation is a type of insurance that gives benefits to employees injured on the job. Most private businesses must pay into the system. If you suffer injuries at work, you can file a workers compensation claim for benefits. If approved, your benefits provide you with an income to replace your wages while you recover. In some cases, you can even continue to receive partial benefits after returning to work, such as when your injuries reduce the hours you can work or impact the type of job you can perform.
If your employer is in compliance with workers compensation, you cannot file a personal injury lawsuit for an on-the-job injury. You must go through the workers compensation system. There are very few circumstances that allow you to file a lawsuit against your employer for additional compensation.
However, you can seek additional compensation from any third party besides your employer whose actions or negligence contributed to your injury. For instance, if your injury occurred on a piece of defective workplace equipment while you were on the clock, you might be able to file a workers compensation claim with your employer and a third-party liability claim against the equipment manufacturer. If a slip and fall accident caused your injuries, we may be able to hold the site owner accountable, if that party differs from your employer.
We can evaluate your case and determine the best way to proceed. Call us for a free consultation.
What Benefits Can I Draw From Workers Compensation?
In New York, workers compensation pays several types of damages associated with an on-the-job injury. After we review the details of your claim, we can calculate the damages for which you are eligible and ensure you receive the full amount. In addition to providing for your medical care, workers compensation may pay for the following.
If you have to miss work while recovering from your injury, you can file a claim for compensation to cover the wages you should have earned had you been able to work.
Reduced Earning Capacity
You can also recover compensation for your reduced earning capacity. For example, imagine you are able to return to work after a certain amount of time off. However, due to the lingering effects of your injuries, you can only work 30 hours per week instead of 40. Instead of bringing home the $25 per hour you earned before your injury, you must now take a lighter-duty job that earns $20 per hour. In this case, you would now earn $600 per week instead of the $1,000 you earned before. You are potentially eligible to recover two-thirds of the difference.
Do I Need a Lawyer to File for Workers Compensation?
While you do not have to retain a lawyer to file for workers compensation, it can help to have someone who understands the process by your side.
The workers compensation laws in New York are very favorable toward workers. If you suffer injuries at work, you are eligible for benefits even if the injury was your fault and not your employer’s. However, there are still grounds on which your employer might try to deny your claim. For instance, your boss might claim you were under the influence of alcohol or drugs at the time of injury or that you hurt yourself intentionally. Both of these scenarios would be grounds for denial.
Another argument your employer might make is that your injury was not work-related. No matter what line of argument your employer uses to try to deny your claim, our attorneys can gather the evidence we need to prove your claim is valid.
Moreover, while the chance is small, you might find your employer is not in compliance with the workers compensation system. In this case, you may sue your employer directly for your injuries. Our attorneys have experience filing lawsuits on behalf of injured workers whose employers were noncompliant with workers compensation.
If your injuries are so severe that you miss a year or more of work, you could be eligible for Social Security disability benefits. The Social Security Administration (SSA) provides disability benefits to workers who are totally disabled, meaning they are unable to work and earn a living wage. While workers compensation provides temporary benefits, the SSA can offer a long-term solution if you have a permanent disability. Our attorneys can examine this possibility for you so you can obtain financial security potentially for life.
To Schedule a Free Consultation With a Bohemia Workers Compensation Attorney, Call 631-600-0000 Today.
The legal team at Gacovino, Lake & Associates, P.C., focuses on workers compensation law, helping our clients get the benefits they deserve when injured on the job. Do not risk a denial of your claim. Choose the attorneys that have helped many workers win benefits for job-related injuries. Remember, the consultation is always free, so there is no risk in talking to us. Call 631-600-0000 to schedule your free consultation today.