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If you were injured at work, you may have the right to make a claim for compensation. Workers’ compensation is a type of insurance that provides replacement for wages, and also provides medical benefits to employees who were injured on the job. People who receive workers’ compensation give up their right to sue their employer for negligence. In some cases, individuals don’t receive all the compensation that they are entitled to because they don’t fully understand how the process works. In order to get all the money to which you are entitled, you should call an experienced workers’ compensation attorney. At The Law Offices of Jason B. Kessler, our legal team is dedicated to assisting injured workers in getting the compensation they deserve. We can file a claim for you and negotiate with the insurance company to make sure that you receive the maximum monetary compensation possible for your physical injuries and emotional suffering.
Important Things to Know If You Were Injured At Work
1. According to New York State law, if you were injured at work, you have 30 days from the date of the accident to report your injury to your place of employment. If you then decide to move forward and file a workers’ compensation claim, you must do so within two years. The two years takes into account the date of the accident and also the date of your last payment from work. Whichever of these two dates comes later (the date of the accident or the date of your last payment from work) will be the date from which you have up to two years to file a claim before the statute of limitations expires.
There are four basic eligibility requirements that you must meet in order to qualify for workers’ compensation benefits.
- You must be an employee of the company where you were injured on the job
- Your employer must carry workers’ compensation insurance
- You must have a work-related injury or illness
- You must report your injury to your employer within 30 days of the accident
- You must file for workers’ compensation benefits within 2 years of the date of the accident or the last day on which you got paid. (Whichever camelast.)
2. New York State offers a Schedule Loss of Use award to people who have been injured at work. This is money to pay you for the loss of earning potential that came about due to a permanent impairment of a body part as a result of your workplace injury. A Schedule Loss of Use award can be made for injuries to the arm, hand, fingers, leg, foot, toes, eye sight, hearing, or disfigurement. In order to qualify for a Schedule Loss of Use Award, you must have recovered as much as possible from your injury. Also, your doctor must have submitted a medical report that follows the current permanent impairment guidelines, stating that you have reached your maximum medical improvement. Lastly, you must have a permanent loss of use in the injured body part that resulted from your workplace injury. The goal of the Schedule Loss of Use is to reimburse you for your loss of earning potential. Depending on your specific injury, you will receive a fixed weekly payment for a certain number of weeks that is mandated by the New York State schedule of injuries.
3. In New York State, there are two types of workers’ compensation settlements: Stipulation Agreements and Section 32 settlements.
If you and the insurance company agree on the degree of your disability and the amount you deserve in workers’ compensation benefits, you would both sign a document called a stipulation agreement. This agreement confirms the amount you will receive per week for your scheduled loss.
In a Section 32 settlement, you and the insurance company come to an agreement to close your workers’ compensation case in exchange for a sum of money that is usually given to you in one lump sum. A section 32 settlement is a full and final payment of your workers’ compensation claim, meaning that you give up all further rights to your claim, including the right to have any future medical bills covered.
Each workers’ compensation claim is unique and requires a full evaluation in order to help the client determine how much money they might expect to receive for their claim. We can help you fight for your legal rights and help you get the monetary compensation you deserve for your physical injuries and emotional suffering. Call The Law Offices of Jason B. Kessler at 914-220-1088 for a free consultation.