NEW YORK WORKERS COMPENSATION LAWYERS
For over 25 years, Brand Brand Nomberg & Rosenbaum, LLP has helped workers injured on the job win their Workers Compensation claims. We understand how important it is for injured workers and their families to quickly obtain these benefits after an accident. From the moment we are retained, we will immediately work to get the highest rate for lost earnings and approval for medical treatment.
We Help Injured Workers
The Workers Compensation insurance companies hire defense lawyers to avoid paying injured workers their medical benefits and lost wages after an accident. BBNR has a proven track record of beating the insurance companies and winning substantial awards for injured workers.
Below are some of the occupations of injured workers we have helped obtain Workers Compensation benefits and awards that can amount to millions of dollars in recovery.
- Boiler Operators
- Bus Drivers
- Bus Matrons
- Chimney Workers
- Construction Workers (Roofers, Crane Operators, Electricians, Iron Workers, Laborers, Framers, Masons, Painters, Pipe Fitters, Plumbers, Carpenters, Elevator Installation, Scaffolding, Sheet Metal)
- Correction Officers
- Delivery Workers (UPS, Fedex, Amazon)
- DOT workers (Highway maintenance and repair)
- Home Health Aides
- MTA workers (train operators, train conductors, station agents)
- Nursing Assistants
- Police Officers, Detectives, Sergeants
- Ride Share Drivers (Uber, Lyft, Juno)
- Restaurant workers (Chefs, Bartenders, Waitresses, hostesses, deliveries, cashiers)
- Security Guards
- Supermarket Workers
- Teachers and Teacher’s Aides
- Truck Drivers
Who Can Apply for Workers Compensation?
In New York, if you suffer a work-related injury or illness, you may be entitled to Workers Compensation benefits. The injury however must be causally related to your work. While many accidents such as tripping and falling on the job are readily attributed to work, other injuries, such as cancer and disease from exposure to toxic materials, may also warrant a Workers Compensation claim.
An accident does not have to occur at a specific work office or place to support a Workers Compensation Claim, and some independent contractors may be entitled to Workers Compensation benefits. Even if you are not a United States citizen, or if you work “off the books,” you may be eligible for Workers Compensation benefits.
What Benefits are Available from a Workers Compensation Claim?
The most important benefit from a Workers Compensation claim is obtaining lost wages and coverage for medical treatment. There are several methods used to calculate your rate for wage benefits, but in general, your past wage history will be used to determine your compensation rate for earnings.
It is important to state all the affected injured parts at the inception of the claim, and have corroborating medical support in the records of the treating physicians. Diagnostic tests, such as MRI’s and CT scans will usually need approval by the insurance carrier. Likewise, approval will generally be required for any operative procedures. When approval is not granted, the matter must be litigated at the Workers Compensation Board.
The Insurance carrier will hire physicians to examine a claimant and write a report about the findings and whether further treatment, diagnostic tests, or surgeries are medically needed. Those reports can sometimes be helpful to support a claimant’s case. If necessary, BBNR will take the medical testimony of the insurance carrier doctors to try and discredit their opinions before a Workers Compensation Law Judge.
Besides wages, and medical treatment, there are other benefits available as well, including Occupational Therapy, and reimbursement for car services to obtain medical treatment. In the unfortunate case involving a fatal accident, death benefits and funeral expenses may also be recoverable by the family. It is important to consult with BBNR, experienced Workers Comp Lawyers, to help maximize lost wages and ensure all necessary medical treatment is approved.
What Must I do Before Applying for Workers Compensation Benefits?
Within 30 days of a work accident, you must report the accident to your employer, preferably with written proof. Submitting an accident report to your employer that details the date, time, place of accident, and how it occurred should generally satisfy the requisite proof.
Within two years of the accident, a Workers Compensation claim must be properly filed with your employer, your employer’s insurance company, and the Workers Compensation Board. The failure to properly and timely file your claim may result in loss of all benefits.
Will I Automatically Receive Benefits After Applying?
The Workers Compensation insurance company will not automatically grant benefits just because you apply for them. The Workers Compensation insurance company is represented by attorneys who work to deny your claim for benefits. Substantial medical evidence must support your claim for Workers Compensation benefits.
Your treating physicians are the witnesses who will be needed to support your claim for benefits. In addition to submitting your medical records to the Workers Compensation Board, medical testimony must be taken from your treating physicians. BBNR are skilled Workers Compensation Lawyers who will convincingly present medical testimony on your behalf to support your claim and help win your case.
What is a Section 32 Lump Sum Settlement and Why is it Beneficial?
A Section 32 settlement is an agreement by the injured worker and insurance carrier to pay an injured worker their future medical benefits and/or future earnings instead of receiving it weekly over time. This settlement must be approved by the Workers Compensation Board.
A Section 32 agreement is beneficial because like any settlement, it removes the risk of losing those benefits. The Workers Compensation Insurance carrier will continuously try to persuade the Workers Compensation Board to end benefits for an injured worker for a variety of reasons. Specifically, the insurance carrier will argue that the person has reached maximum medical recovery and can return to work, even if the person’s own treating physicians disagree.
If the case is settled, then the injured worker receives his monies up front without concern that they will later be terminated. This settlement also allows the injured worker to return to the workforce without penalty of having the benefits terminated.
Every case is different and whether a Section 32 settlement is right for you must be discussed with your Workers Compensation Lawyers. At BBNR, we will have lengthy conversations with you to help you decide which is the best option for your individual situation.
If you were injured and believe there is a possibility for a Workers Compensation claim, call BBNR, experienced Workers Compensation Lawyers. The consultation is free and there is absolutely no fee unless we win.
Do I Need to Prove the Employer was at Fault for Workers Comp Benefits?
No. The law was designed to help workers injured on the job without needing to prove anyone was at fault. Even if the worker was not careful, his own negligence or fault will not disallow a claim for Workers Compensation.
A personal injury action generally does require a person to prove the defendant was at fault. However, for a construction accident, an owner and construction manager may be liable for an accident without proving negligence if the worker was not provided with proper safety devices.
Can I Commence Both a Workers Compensation Claim and a Personal Injury Lawsuit?
Yes, you can commence a personal injury lawsuit against an entity other than your employer who was responsible for causing the accident. For example, if you were injured on a construction site, you may be able to sue the owner of the property and management company in addition to obtaining Workers Compensation benefits. A person injured in a car accident who was working at the time may have a lawsuit against the negligent driver as well as a claim for Workers Compensation.
At Brand Brand Nomberg & Rosenbaum, LLP there is no need to obtain separate counsel since we are both Personal Injury and Workers Comp Lawyers. You will only need to contact one law firm, BBNR, for your accident, whether occurring at work or anywhere else.
Our Personal Injury and Workers Compensation departments work together to help maximize your awards. We discuss legal strategies to make the right decisions that will maximize both your Personal Injury and Workers Compensation claim.
Can I Sue My Employer for a Work Accident?
While the general answer is no, there are exceptions to this rule. For instance, if an employer fails to secure Workers Compensation coverage for an employee, the worker may be able to sue the employer directly for the injuries caused by the accident. Further, if an employer willfully caused the injury, or displayed egregious conduct in causing the injury, an employee may have the right to sue the employer.
Benefits for COVID-19 Related Illness
Communicable diseases have been found to present a viable claim, but they are difficult cases because they are generally limited to employees working in high risk jobs. The person must prove that the virus was obtained during work. With COVID-19 as of 2020, the virus is not under control or limited to the work environment, making it extremely difficult to prove that the virus was contracted at work as opposed to home or anywhere else. Every case must be evaluated separately to determine whether there is sufficient proof to support a claim. BBNR, Workers Comp Lawyers will provide a free consultation to determine whether there is evidence to proceed with a claim.
5 Helpful Free Tips from Workers Compensation Lawyers
If you were injured during work, call BBNR, experienced New York Workers Compensation Lawyers, at 212-808-0448 to help you recover the compensation you deserve. We speak Spanish, Polish and Russian. The consultation is free and there is no fee unless we win.
We have offices located in New York City and Westchester, and most everything now is done remotely for the safety of all clients. We litigate cases in New York including, Manhattan, Bronx, Brooklyn, Queens; Long Island including Suffolk and Nassau; and Westchester, Putnam, Ulster, Orange, and Suffolk County.