Bronx Workers’ Compensation Lawyer

Bronx Workers’ Compensation Lawyer

Did you sustain injuries or develop a medical condition on the job in the Bronx, NY? Workers’ compensation laws don’t always make it easy to get the money you deserve. An experienced Bronx workers’ compensation lawyer at Oresky & Associates, PLLC can help you fight to recover fair compensation for medical bills, lost wages, and more.

We have over 30 years of experience protecting the rights of injured workers in NYC. Over the years, we’ve proven our skills by recovering over $400 million for our clients.

You deserve to know whether you’re getting the maximum compensation available. Call us at (718) 993-9999 or contact our law firm in the Bronx, New York, to schedule a free consultation to learn more about how we can help.

How Oresky & Associates, PLLC Can Help With a Workers’ Compensation Claim in the Bronx

The New York workers’ compensation system is anything but simple. You won’t automatically receive the benefits you deserve. You’ll first have to contend with piles of paperwork. Once you file a claim, your employer could challenge your right to benefits.

Our experienced Bronx personal injury attorneys at Oresky & Associates, PLLC will help you every step of the way. We’ve been fighting for injured workers for decades. Over the years, we’ve been rated by Super Lawyers and earned a spot in the Multi-Million Dollar Advocates Forum.

Hiring us means you’ll have an advocate to:

• Help you navigate the claims process
• File your claim on time
• Handle an appeal if your claim is challenged or denied
• Assess the value of your claim
• Investigate your accident to see if you’re entitled to file a personal injury lawsuit
• Negotiate with the insurance companies to maximize your compensation

Do you have questions about your workers’ comp claim? Call our Bronx personal injury attorneys for a free initial consultation today.

How Common Are Workers’ Compensation Claims in the Bronx, NY?

According to the Bureau of Labor Statistics (BLS), private industry employers reported about 2.7 million nonfatal work injuries and illnesses across the U.S. in 2020. 4,734 workers were killed in fatal workplace accidents that year.

The New York State Workers’ Compensation Board received 139,843 workers’ comp claims in 2020. Due to the COVID-19 pandemic, that number was down dramatically from the 181,560 claims submitted in 2019.

In 2020 alone, the insurance board challenged 15,507 workers’ compensation claims. In other words, workers’ compensation insurance companies challenged more than 10% of all claims in a single year.

What is My Bronx Workers’ Compensation Case Worth?

Overall, the factors that will influence the value of your workers’ compensation claim include:

• Your average weekly wages in the 52 weeks prior to the accident
• The length of your recovery
• Whether you can perform “light duty” work during recovery
• Whether the injury will impact your future earnings
• The cost of your medical care

Injured workers receive about ⅔ of their average weekly wages during recovery.

However, New York state law also limits the amount of workers’ compensation benefits you can receive. If you were injured at work after July 1, 2021, your weekly check is limited to $1,063.05 regardless of your income prior to the accident.

In other words, you might not even receive ⅔ of your wages each week. It’s also possible that you may be able to perform some work while you recover. If partial work is an option, your weekly check will be reduced to account for your earnings.

Do you have questions about your weekly benefit check? Call our workers’ comp lawyers in the Bronx for a free case evaluation today.

What Types of Damages Are Available Under New York Workers’ Compensation Laws?

Businesses in New York City are required to carry workers’ comp insurance for all employees. That includes part-time workers.

Workers’ compensation benefits provide:

• Income replacement while you recover from your on-the-job injury or illness
• Medical benefits
• Survivor’s benefits

You have to follow strict rules to recover the full amount you’re entitled to receive.

Medical Expense Coverage

Under New York workers’ compensation laws, all reasonable and necessary medical expenses are covered, including:

• Medical bills for doctor and hospital visits
• Dental bills
• Surgeries
• Optometry
• Medically necessary drugs
• Medical devices

However, to receive these benefits, you have to visit a doctor that’s approved by the Workers’ Compensation Board (unless it’s an emergency).

Cash Wage Replacement Benefits

Injured workers are entitled to wage replacement benefits if:

• The injury or illness keeps you off the job for at least seven days, or
• Your pay is reduced during recovery because you’re working less or performing different work

Once you miss at least 14 days of work, you’ll also be compensated for the first seven days of disability.

The type of benefits you’ll receive depends on the nature of your injury. You may receive cash benefits for:

• Temporary total disability
• Temporary partial disability
• Permanent total disability
• Permanent partial disability

You may also be entitled to an award for hearing loss, vision loss, or loss of use of a body part.

At first, all injuries and illnesses are considered to be temporary. Later, your doctor will assess whether you’re able to return to work in a full or partial capacity. Once you’ve reached maximum medical improvement (MMI), it’s possible that your injury could be classified as a permanent disability.

Survivor Benefits

Surviving spouses, children, and other dependents are entitled to receive death benefits if a work accident is fatal.

Those benefits include:

• Weekly cash benefits equal to ⅔ of the worker’s average weekly wages before the accident
• Funeral and burial costs (up to $12,500 in the Bronx)

Surviving parents can receive a cash payment of $50,000 if there is no surviving spouse or children.

Can I File a Lawsuit for Additional Damages?

Under New York law, you give up your right to sue your employer for damages in exchange for workers’ compensation benefits. Negligent third parties don’t receive similar protections.

You may be able to file a personal injury lawsuit against:

• Property owners
• Negligent drivers if you were hurt in a car accident
• General contractors
• Third-party vendors or suppliers
• Manufacturers of defective work equipment

In a personal injury lawsuit, you can recover compensation for:

• Past and future medical expenses, including costs workers’ comp won’t cover
• 100% of your lost earnings
• Reduced earning potential
• Rehabilitation
• Property damage
• Pain and suffering
• Mental anguish
• Diminished quality of life
• Disfigurement
• Scarring
• Anxiety, depression, or PTSD
• Loss of consortium

Workers’ compensation only covers your economic damages. The value of your compensation award may be much higher if you’re also entitled to file a third-party claim. However, to recover those damages, you’ll usually be required to prove negligence.

Contact a Bronx Accident Lawyer for a Free Consultation

To learn more about how a construction accident attorney at Oresky & Associates can protect your rights, call us today to arrange a free case review. We’re available 24/7 to come to your aid.

Free Consultation

Can I Recover Workers’ Compensation Benefits If I’m Being Blamed for a Work Accident in New York?

Yes. Workers’ compensation in New York is a no-fault system. You can recover damages if you’re partially or totally responsible for your work-related injuries or illness.

However, if you’re filing a third-party lawsuit, your damages can be reduced to account for your share of blame.

We’ll Fight to Recover Compensation for All of Your Work-Related Injuries and Illnesses

A serious injury can impair your ability to earn a living for weeks or months. At Oresky & Associates, PLLC, our Bronx workers’ compensation attorneys often represent clients who have sustained:

• Broken bones
• Burns
• Hearing loss
• Vision loss and eye injuries
• Soft tissue damage, including strains and sprains
• Traumatic brain injuries
• Spinal cord damage
• Nerve damage
• Head and neck injuries
• Concussions
• Back injuries
• Organ damage
• Musculoskeletal disorders
• Repetitive stress injuries
• Carpal tunnel syndrome
• Lung damage caused by exposure to toxic substances
• Amputations
• Paralysis
• Catastrophic injuries
• Wrongful death of a loved one

Do you have questions about your workers’ compensation benefits or rights under Social Security disability laws? Call our law offices in the Bronx for a free case review today.

What Causes Most Workplace Injuries and Illnesses in the Bronx, New York?

Some of the most common causes of work injuries and illnesses include:

• Slip and fall accidents
• Repetitive motions
• Lifting heavy objects
• Car accidents
• Trucking accidents
• Construction accidents
• Scaffolding accidents
• Falls from heights
• Electrocution and electric shock
• Lack of proper safety equipment
• Dangerous work equipment and tools
• Accidents involving cranes, forklifts, and heavy machinery
• Exposure to toxic substances
• Unsafe work conditions

You can file a workers’ compensation claim whether you were injured in an office building or on a construction site in the Bronx. However, it’s important to understand the cause of your accident. That way, your lawyers can fight to recover the full compensation you deserve.

How Long Do I Have to File a Claim After a Workplace Accident or Injury in New York?

You must notify your employer within 30 days of the accident or diagnosis of a work-related illness. You must also file an Employee Claim on Form C-3 within two years of the accident or diagnosis.

If you wait too long, you’ll forfeit your right to receive workers’ comp benefits.

Contact a Bronx Workers’ Compensation Lawyer for a Free Consultation

Were you or a loved one injured on the job in NYC? Call a Bronx workers’ compensation lawyer at Oresky & Associates, PLLC to learn more about your right to compensation today. As always, your initial consultation is free of charge.