Fighting For Injured Workers
Davidoff Law is pleased to announce its new partnership, on a limited basis, with Aronova & Associates, a top-tier law firm that specializes in workers' compensation. Together, the two firms will offer exceptional legal representation to injured workers seeking compensation. Together, they will provide expert legal representation to injured workers seeking compensation for their injuries.
Aronova & Associates brings extensive experience in workers' compensation, including cases involving workplace accidents and occupational illnesses. By partnering with Aronova & Associates, Davidoff Law aims to expand its reach in helping injured workers navigate the complexities of the workers' compensation system and obtain the compensation they deserve.
This partnership reflects the commitment of both firms to advocating for the rights of injured workers and achieving the best possible outcomes for their clients.
If you've been injured on the job, you might be entitled to workers' compensation benefits that can help cover your medical expenses and lost wages. Unfortunately, not all employers and insurance companies are willing to provide the support you deserve, even when it says right in an insurance policy contract that you should be covered. That's where Davidoff Law can step in.
Our experienced workers' compensation attorneys in Queens, NY are dedicated to representing injured workers and their families in their fight for fair compensation and benefits. We understand how overwhelming the process can be, whether you need to file a claim or challenge a denial, which is why we're here to guide you every step of the way.
New York Workers’ Comp Requirements
New York law requires most employers to carry workers’ compensation insurance. Even if an employer just has one employee, then it is required that the employer purchases workers’ comp insurance to cover that employee in case of an accident or injury.
Certain exemptions to workers’ comp coverage requirements include:
- Most workers categorized as independent contractors.
- Most unpaid workers for non-profit organizations.
- Most religious workers like clergy members.
- Most agricultural workers who are related to the property or business owner.
- Some workers employed by the federal government.
- Some yard work professionals who only work for a single family or residence.
To see if you should be covered by workers’ compensation, connect with Davidoff Law. Using our years of experience, we can quickly determine your eligibility and what to do next if you should be given worker’s comp.
What Does Workers’ Comp Do?
Workers' compensation is a form of insurance that provides benefits to employees who are injured or become ill as a result of their work or while performing work-related duties. The benefits of workers’ compensation can cover medical expenses, lost wages, and other costs related to a work-related injury or illness.
The insurance benefits employers as much as employees because it prevents lawsuits from being filed against an employer for negligence that causes a workplace injury, except for rare situations.
Importantly, workers’ compensation does not consider liability when awarding benefits. In other words, you can admit to causing your workplace accident due to a mistake and still be fully eligible for benefits.
Workers’ Compensation Benefits in New York
Workers' compensation in New York provides several benefits to employees who are injured or become ill as a result of their work. The benefits available to you will be unique to your case and your coverage, though.
Usually, an injured worker can use these main workers’ compensation benefits:
- Wage replacement benefits: These benefits help offset the loss of income that can result from time away from work due to an injury or illness. In New York, wage replacement benefits typically equal two-thirds of an employee's average weekly wage, up to a maximum amount set by law.
- Medical coverage: Workers' compensation in New York also covers medical expenses related to the injury or illness. This can include doctor visits, hospital stays, prescription medications, and other necessary medical treatments.
Vocational retraining: If an injured worker is unable to return to their previous job due to their injury or illness, workers' compensation may also provide vocational retraining benefits to help them learn new skills and find new employment or start a new role within the same company.
Overall, workers' compensation provides important protection and support for employees who have suffered a workplace injury or illness. It can help ensure that they can heal as quickly as possible, so they can return to work without unnecessary delays.
Can I File A Personal Injury Claim If I Was Injured At Work?
While you may not realize it, where you get injured has an influence on what type of case you can file. In many cases, if you were injured at work, you cannot file a personal injury claim. Instead, you will need to pursue compensation through the state’s workers’ compensation system.
However, there are exceptions to this rule. At Davidoff Law, we can help you understand how to approach your case in order to get the best possible result. We have helped injured clients throughout New York when it matters most.
What is Third-Party Liability?
Typically, employers are exempt from personal injury claims under the workers’ compensation system. However, if a third party caused the accident, you could pursue them for damages via a personal injury claim. Third-party liability means an individual separate from the employer caused the workplace accident.
For example, if you are a truck driver and someone crashes into you, you can file for workers’ compensation and you can also sue the negligent driver. In these types of cases, it is necessary to prove that the third party was at fault.
We do this by gathering evidence to demonstrate what they did wrong. From taking pictures and getting witness statements to providing medical reports, we utilize our resources to build the strongest possible case. Our Queens attorneys can assess your claim and determine what is in your best interest moving forward.
Can Workers’ Comp Be Denied?
If your workers' compensation claim has been denied in New York, you have the right to challenge that decision through a legal process. Our Queens workers’ compensation attorneys can help you start a claim or challenge a denial, whichever needs to be done to get you the help you need after a workplace accident.
In a workers’ comp denial case, you can expect these usual steps or procedures:
- Understand the reason for denial: Before contesting a claim, it's important to understand why it was denied in the first place. Common reasons for denial can include missing deadlines, insufficient medical evidence, or improper filing.
- File a claim with the Workers' Compensation Board: To contest a denied claim, we can file a claim with the Workers' Compensation Board.
- Attend a hearing: Once you file your claim, a hearing will be scheduled where all parties involved will present their case. It's highly recommended to have an experienced workers' compensation lawyer represent you in this hearing.
- Present evidence: In the hearing you can present evidence, including medical reports, documents, and testimony to support your claim.
- Wait for the decision: After the hearing, a judge will review the evidence and make a decision. This decision can include approving the original claim, denying the claim again, or granting partial benefits.
- File an appeal: If you disagree with the decision, you have the right to file an appeal within a specified amount of time to a higher board or court.
Speak To Our Attorneys – Call Now
Our Queens workers’ compensation attorneys understand the challenges and stress that come with the workers' compensation process. Let us guide you through the process and fight for the benefits and compensation you need and could be owed. Contact us today to schedule a consultation with one of our experienced workers' compensation attorneys. We look forward to helping you.
