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.
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:
Do you have questions about your workers’ comp claim? Call our Bronx personal injury attorneys for a free initial consultation today.
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.
Overall, the factors that will influence the value of your workers’ compensation claim include:
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.
Businesses in New York City are required to carry workers’ comp insurance for all employees. That includes part-time workers.
Workers’ compensation benefits provide:
You have to follow strict rules to recover the full amount you’re entitled to receive.
Under New York workers’ compensation laws, all reasonable and necessary medical expenses are covered, including:
However, to receive these benefits, you have to visit a doctor that’s approved by the Workers’ Compensation Board (unless it’s an emergency).
Injured workers are entitled to wage replacement benefits if:
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:
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.
Surviving spouses, children, and other dependents are entitled to receive death benefits if a work accident is fatal.
Those benefits include:
Surviving parents can receive a cash payment of $50,000 if there is no surviving spouse or children.
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:
In a personal injury lawsuit, you can recover compensation for:
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.
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.
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:
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.
Some of the most common causes of work injuries and illnesses include:
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.
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.
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.