Workers’ Compensation
If you or a loved one suffered an injury at work or developed an injury over time from your work, then you could be entitled to Workers compensation benefits. New York State Workers Compensation include (2) two main benefits: (1) monetary payments for lost wages, and (2) covered medical treatment. It does not matter in a Workers Compensation case whether your employer or co-worker is at fault or not for your injury. New York State is a “No-Fault” Workers Compensation system.
Trust Steenberg Law Firm with your Workers Compensation case
Whether you need help establishing your workers’ comp case or you are not happy with how your existing case is going – Steenberg Law Firm can help. We know you have many questions, let us provide the answers you are looking for. If you chose Steenberg Law Firm, we would be by your side step-by-step in every aspect of your case and aggressively fight for you in court.
It is important to keep in mind that it is the insurance company’s primary goal to not pay you or pay you the least amount of money as possible. Unless you have an attorney representing you, it is not uncommon for the insurance company to pay you less than what you’re entitled to. Many insurance company representatives pretend to be on your side, but be assured they are not.
What If You are Hurt at Work?
It is important to get medical treatment immediately. Tell the doctor how the injury occurred and emphasize to the doctor that it happened at work. Also, tell your supervisor or boss about the accident or injury immediately. Depending on the type of injury you suffered, the law requires you tell your employer about it within a certain period of time. You should file a workers’ comp claim immediately as there are time limitations.
In New York, when an individual misses time from work due to a work injury, they are generally entitled to (2/3) two-thirds of their average weekly wage (up to a maximum rate per week). The “average weekly wage” is the amount you earned, on a weekly basis, in the year before to your injury. This bi-weekly monetary benefit you receive when your injury causes you to miss work is commonly called “indemnity benefits” or “wage replacement benefits.” Additionally, depending on the type of injury you have, you could also be entitled to a lump sum award near the end of your case.
Injured workers have a right to medical care. Medical care is necessary not only for your recovery, but it also documents the injury for the court. When an individual has an accident, they should see a doctor immediately and follow up at least every three months. If you have an established workers’ comp case, then medical treatment for your work injury is covered for life as long as the treatment you get is related to that same work injury.
You may also qualify for a personal injury case in addition to your New York Workers Compensation claim. This is referred to as a “third party personal injury” case because it is against someone other than your employer.
Remember, the insurance company does not want to pay you. Unless you have an experienced attorney, it is legally possible for the insurance company to pay you less than what you are actually entitled to.
If you or a loved one have questions or just want to ensure you get all the benefits you are entitled to.
Call Steenberg Law Firm (716) 558-2000 if you have any questions about an injury you or a loved one may have suffered.
Social Security Disability
Social Security Insurance Program (SSDI) and the Supplemental Security Income (SSI) are federal programs intended to help people who are unable to work due to any type of medical condition. Unfortunately, most people who apply for Social Security Disability (“SSD”) claims are denied initially. Social Security Disability benefits may be available to you, your survivors or dependents if the following requirements are met:
- You worked or paid into Social Security for at least (5) five of the past (10) ten years
- You have been in the past, or will be totally disabled from any work for at least (12) twelve consecutive months. In other words, you are unable to perform any type of work due to a physical or mental impairment.
If you are awarded Social Security Disability benefits, you will also qualify for Medicare insurance coverage but only after a 24 month waiting period.
At Steenberg Law Firm, we handle Social Security Disability claims from Application through Appeals. If you wish to apply for SSD Benefits, we can help you complete the necessary paperwork in a professional manner to help you get approval of your SSD claim. Additionally, if you are denied SSD Benefits, our office can help you request a hearing in front of an ALJ and handle all other aspects of the appeals process.
We will not obtain an attorney’s fee from you unless we are successful on your claim. Call Steenberg Law Firm to speak an attorney about your Social Security Disability case.
Call Steenberg Law Firm (716) 558-2000 if you have any questions about an injury you or a loved one may have suffered.
Personal Injury
The New York State Workers’ Compensation Law bars injured workers from suing their employer or co-worker for suffering an injury on the job, except for a few rare exceptions. Thus, for the vast majority of work injuries Workers’ Compensation is your exclusive remedy. But for some people who suffer an injury at work, it is possible to have both a Workers’ Comp case and a Personal Injury lawsuit in Civil Court at the same time. This situation generally arises when a “third party” (i.e. someone other than your employer) is involved in causing your work injury.
A personal injury lawsuit has a major advantage over a claim for workers compensation: a personal injury award allows damages for the injured party’s “pain and suffering.” This is not the case in a New York State Workers’ Compensation case.
Injured workers can sue under a theory of negligence if someone other than the employer or a coworker is responsible for the harm. However, personal injury lawsuits against a third party are not always obvious to spot.
