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Know your rights in a New York Workers' Comp Case

Workers’ compensation is one of the most important benefits afforded to employees. Even if an employee never has to take advantage of these benefits, the fact that the benefits are there produces a level of trust and creates a relationship between employee and employer that shows how invested both parties are with one another. Unfortunately, employers will still sometimes look to cut as many corners as they can to save money in a workers’ compensation claim, so it is important to know how New York treats workers’ compensation.

It is important to know that there is no time limit or trial period when it comes to workers’ comp; your coverage begins as soon as you start working at a job. In fact, you may qualify for workers’ comp benefits even if you were paid in cash or treated like an independent contractor. This is an important distinction to make, however, as actually being an independent contractor will likely prevent you from receiving benefits. Click here for more information.

Workers’ comp benefits entitle you to immediate medical care if you suffer a work-related injury or illness, and if you are unable to work for a week or longer, you could be entitled to cash benefits. Perhaps the best part about workers’ compensation is that it is a no-fault benefit. As your injury was work-related, you do not even have to determine fault in your claim. Whether the injury was your fault or your employer’s, you are likely still eligible for benefits.

Nearly all injuries that are work-related are covered by workers’ compensation benefits, but depending on the severity of your injury, you could be entitled to more or less compensation. This is why it is important to enlist the aid of an attorney who is familiar with workers’ comp claims and can help you receive the maximum amount of compensation for your injuries.

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Success Stories

  • A 43 year old ironworker who fell four stories and sustained injuries to his ankle while installing a staircase settled his claim for $1,500,000.00. The accident was due to the failure of the building owner and general contractor to provide a safe place to work.
  • A construction worker operating an asphalt roller settled his case for $525,000.00 when the edge of the roadway he was paving collapsed into a trench being dug by a subcontractor causing him to sustain injuries to his leg.
  • A 54 year old commuter settled his case against the NYCTA for $1,200,000.00. when he tripped and fell on a subway platform due to the pavement being in disrepair, causing him to fall forward and to strike his head on a train pulling into the station.
  • The estate of a 64 year old woman received a settlement of $425,000.00 after she was struck and killed by a speeding tractor trailer while crossing the street at the intersection of Richmond Terrace and Port Richmond Avenue.
  • A $1,200,000.00 settlement was reached on behalf of a 54 year old man from Staten Island, New York, who, while in the course of his employment as a bus driver, was rear-ended on the Garden State Parkway and caused to suffer injuries to his back and neck as well as a fractured rib and fractured pelvis.
  • A 47-year-old building superintendent who sustained injuries to his head and right side of his body due to a tripping hazard at his job site received a settlement of $300,000.00 from the electrical company performing work at the site.
  • A 43 year old construction worker was caused to sustain injuries to his back, shoulder and hand when the elevator he was riding malfunctioned and dropped 8 floors. He received $350,000.00 in the settlement of his claim against the building owner, maintenance company and elevator company.
  • The administrator of the estate of a 69 year old man who suffered stage four pressure sores while a patient at a Queens nursing home settled the case for $400,000.00 after the man died.
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