On-the-job injuries can cause your family to suffer not only emotionally, but financially. Unfortunately, too many New York City employers will deny a workers’ compensation claim even when it is evident you were injured in the workplace. This is why it is so important to work with an attorney who understands the Workers’ Compensation system in New York.
When you are injured at work, you have a responsibility to report the injury to your employer and they in turn have a responsibility to report the injury to their insurance carrier. This begins the process of opening your claim. Workers’ comp beneficiaries are entitled to receive partial wages as well as necessary medical care until they are able to return to work. While these funds are only a portion of your regular income, they can help your family avoid financial problems. Should you be denied benefits because the insurance company rejects your claim, you have to appeal their decision. Once this occurs, you will benefit greatly from working with an attorney who will fight for your benefits on your behalf.
As a general rule, those who are eligible for benefits are able to collect two-thirds of their average weekly wages, paid medical treatment from primary care physicians/specialists when necessary, and reimbursement for out-of-pocket costs associated with treatment (including over-the-counter items like bandages, etc). You need someone to fight for these benefits on your behalf if your claim is initially denied.
An injury on the job that results in broken bones or abrasions is easy to identify. However, back injuries, repetitive stress injuries, and illnesses related to fumes from chemicals are often not as easy and often result in workers’ compensation denials. Your attorney can help you fight back when your legitimate claim is being denied.