Securing Your 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. 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 that you have many questions. Let us provide you with 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.
Why You Need An Attorney
New York state workers’ compensation includes 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 has a “no-fault” workers’ compensation system.
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 you should be assured they are not.
What Your Settlement Should Cover
A workers’ compensation settlement process generally begins with an offer from the insurance company and employer. This could include payment for medical bills, unpaid benefits or the cost of future treatments. If your injury has left you permanently impaired, you might also be entitled to a disability award.
A work injury settlement can be administered in a lump sum or a structured payment plan. A lump-sum payment will award you with a one-time payment to cover medical costs and benefits under the claim. In a structured payment, you will receive regular payments over a specified period of time.
When we negotiate your settlement, we will take your expenses into account including balances on medical bills, the likelihood of future treatments such as surgery or physical therapy, lost wages, disability payments and attorney fees. Once the calculation is finalized, we will negotiate with your insurance company to agree on a settlement amount. This might take weeks or months to finalize; your role in the process will be to keep the lines of communication open and remain patient. Our team will fight diligently for you.
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 to 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 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 your injury. This biweekly 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.
Protect Your Rights
Injured workers have a right to medical care. Medical care is necessary not only for your recovery but 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.
Let Us Handle Your Claim
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 are ready to meet with an attorney you can trust to fight for you after your workplace injury, contact us today. Call 716-558-2000 or email us here to schedule your initial consultation so we can help you maximize your injury compensation.
For more information, please see our workers’ compensation FAQ page.