Queens Workers’ Compensation Lawyer

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If you’re a worker who was injured on the job in Queens, NY, you may be entitled to workers’ compensation benefits. Obtaining maximum benefits can be challenging, but the experienced Queens workers’ compensation lawyers at Oresky & Associates, PLLC can help.

We’ve been tough advocates for injured workers in Queens since 1992. Our award-winning trial attorneys have successfully won more than $400 million in damages for clients like you.

Put yourself on equal footing and fight to maximize your benefits. Give our law offices in Queens, New York a call at (718) 993-9999 to find out how to get started. Your first case evaluation is free, so contact us today.

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How Oresky & Associates, PLLC Can Help When You’re Seeking Workers’ Comp Benefits

How Oresky & Associates, PLLC Can Help When You’re Seeking Workers’ Comp Benefits You may be covered by your employer’s workers’ compensation insurance policy, but that doesn’t mean your path to compensation will be easy. Your employer and their provider won’t want to pay. They might make the process a nightmare for you. You’ll have to show them you’re serious about getting every cent you deserve.

That’s where the Queens personal injury attorneys at Oresky & Associates, PLLC can really help.

We know what a workplace injury or illness can do to disrupt your life. We also know the resistance you’ll encounter as you ask for benefits you’re owed by law.

You can count on us to be your fiercest advocates as we:

Handle your workers’ compensation claim for benefits from start to finish – from filing to negotiations to appeal, if necessary
Launch a thorough investigation to determine if you may also have a third party lawsuit on your hands
Work closely with experts and specialists as we determine the extent and impact of your work-related injury

Our law firm will be there to guide you through the process and make important decisions along the way. You don’t just need a lawyer – you need an ally. Call our Queens workplace accident lawyers to make that a reality.

Do I Qualify For Workers’ Compensation in Queens?

Under New York state law, most employees will qualify for benefits if their employer carries workers’ compensation insurance coverage.

Employee, for the purposes of workers’ compensation, is broadly defined.

So, you should qualify for benefits if you’re a:

W2 employee – full-time or part-time
Leased employee
Borrowed employee
Day laborer
Construction worker
Subcontractor, or
Unpaid volunteer.

Independent contractors do not qualify for coverage under New York’s workers’ compensation system.

When Does Workers’ Compensation Apply?

Workers’ compensation generally applies whenever a covered employee (as covered in the last section) suffers an injury or contracts an illness on the job.

What does “on the job” mean in the context of workers’ compensation?

Typically, it means that you were performing job-related duties at work or away from your place of employment.

Your injuries have to be related to work-related tasks, responsibilities, or duties.

For instance, let’s say you work on a construction site in Queens and don’t typically leave the job site during the day. However, there are times when you’ll have to take a company vehicle and drive across town to do something for your boss. If you’re involved in a car accident in the process, then workers’ compensation benefits should be available. Why? You were performing a task directly related to your employment.

Representing Clients in All Types of Workers’ Compensation Claims

Our Queens workers’ compensation attorneys fight for clients who have suffered on-the-job injuries and illnesses as a result of:

Construction accidents
Scaffolding accidents
Ladder accidents
Welding accidents
Crane accidents
Accidents involving heavy machinery
Defective work equipment
Dangerous working conditions
Violations of OSHA safety regulations
Car and truck accidents
Exposure to toxic chemicals
Falls
Crushed by an object
Repetitive motion injuries
Occupational illnesses and injuries
Hospital and nursing home injuries
And more

Don’t hesitate to reach out to our qualified legal team for assistance after you get hurt while working in Queens, New York. We’re here to help you understand your options and make things as easy as we can while you get back on your feet.

What Workers’ Compensation Benefits Are Available After a Workplace Accident in Queens?

There are different types of benefits available under New York’s workers’ compensation insurance system.

Here’s a brief overview of what you might be entitled to recover if you apply:

Medical Expenses

Workers’ compensation will cover all reasonable and necessary medical expenses related to your on-the-job injury.

Note, you can’t just choose your own doctor. You’ll have to follow specific protocols and seek care from a physician who is approved by the Workers’ Compensation Board.

Cash Benefits

If your injury prevents you from working for more than 7 days, cash benefits may be available. These are paid to offset the wages and income you’ll lose while recovering from your workplace injury.

You won’t get benefits to cover all of your lost wages.

Instead, you’ll receive:

Uup to two-thirds of your average weekly wage
Multiplied by your impairment rating.

What’s an impairment rating?

It’s a score – on a scale of 0 to 100 – that your doctor gives you based on how serious your injury is. The more serious your workplace injury, the higher the impairment rating.

The maximum weekly benefit is capped. For accidents that occur between July 1, 2021 and June 30, 2022, the most you’ll be able to get for cash benefits is $1,063.05.

Supplemental Benefits

Additional benefits can be available if your injury results in a permanent disability or if your spouse has died because of a job-related illness or injury. These benefits are available on an as-needed basis and can exceed maximums set by law.

Death Benefits

Families of victims of fatal workplace accidents may qualify for death benefits under the New York state workers’ compensation insurance system.

Death benefits can include:

Cash benefits equal to two-thirds of the worker’s average weekly wage in the year before their death (up to the statutory maximum), and
Funeral expenses up to $12,500.

An experienced wrongful death attorney can help you understand all of the legal options available to you if a spouse or parent has recently been killed in a Queens workplace accident. Contact our compassionate team to learn more today.

Do I Have to Prove Negligence If I Want to Recover Workers’ Compensation Benefits?

No. In New York, workers’ compensation is a no-fault system.

There are two important things to know about this:

Covered workers are entitled to benefits, regardless of who is at fault, and
You’ll waive the right to sue your employer, even if they were negligent.

The idea behind the no-fault system is that it helps workers get money they need without having to deal with a lengthy and contested lawsuit. In exchange for guaranteed benefits, the worker gives up the right to turn around and sue their employer.

This is generally true unless there’s evidence that an employer acts intentionally or with a gross disregard for his employees’ safety. Additionally, your employer isn’t shielded from litigation if they don’t have workers’ compensation insurance to protect you.

However, this doesn’t mean that workers can never file a lawsuit if they get hurt on the job.

Is There Any Compensation Available In Addition to Workers’ Compensation?

If an investigation reveals that your accident was the result of negligence of a third party (other than your employer), that party could be held accountable in a third-party personal injury lawsuit. Alternatively, you may have the right to file a lawsuit if someone is strictly liable for your injuries under the law.

Potentially liable parties could:

Property owners
Companies responsible for manufacturing or selling defective work equipment or materials
Manufacturers of toxic substances or chemicals
Drivers on the road who contributed to a motor vehicle accident

It can be important to consider all of your options after a job-related accident. Workers’ compensation benefits are often more difficult to secure than they should be, and they won’t cover all of your costs. Filing a lawsuit can be a great supplement and help you maximize your financial recovery.

How Long Do I Have to File a Claim For Workers’ Compensation Benefits in Queens?

First, you have to let your employer know that you’ve been hurt in a workplace accident. You’ll have to do this – in writing – within 30 days.

Then you will have to submit a formal request for benefits. In New York, the statute of limitations for filing a claim for workers’ compensation benefits is two years.

The clock begins to run from the date you got hurt or the date you reasonably discover your injury or illness.

You will lose the ability to get the benefits you’re entitled to if you miss the deadline that applies to your case. Call Oresky & Associates, PLLC for immediate assistance.

Schedule a Free Consultation With a Queens Workers’ Compensation Lawyer

Whether you’ve suffered a traumatic brain injury in a fall or contracted a respiratory infection after being exposed to a toxic substance at work, workers’ compensation benefits may be available to you. Oresky & Associates, PLLC is here to make the process of getting money for your medical bills, lost wages, and disability easier.

For more than 30 years, our law firm helped workers just like you navigate the challenges of the workers’ compensation claims process. An experienced Queens workers’ compensation lawyer is ready to help you during your time of need.

Call our law offices to get started with a free consultation. We’ll gladly review your case, explain your options, and help you make the best decisions for you and your family.

Our personal injury law firm in Queens, NY also provides: