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Workers' Compensation FAQs

The attorneys of Bangel, Cohen & Falconetti, LLP, have provided the answers to some of the most frequently asked questions we get about workers' compensation in New York. These answers are not legal advice, but guidelines for the conversation that we will have about your situation.

How Long Until I Get My First Check?

The length of time that passes between your injury and your first check for workers' compensation wage recovery can vary based on several circumstances. These can include:

  • The type of injury sustained
  • Whether the insurance company denied or accepted your claim
  • Administrative errors
  • If sufficient medical documentation has been provided

However, in your free consultation, once we know the specifics of your case, we may be able to outline a likely timeline.

Will I Get A Settlement?

A worker's compensation claim could resolve in one of several different ways. Every case and situation is unique and you want to make sure that an experienced attorney is properly advising you on all possibilities. In some circumstances it is not within the injured workers' best interest to settle his case completely and relieve the insurance company of all liability in the future.

Will I Have To Go To Court?

Throughout the history of a claim often times there will be scheduled hearings at the Workers' Compensation Board. Generally, a hearing is required when there is a dispute with the insurance company over your rate of pay or need for medical care. At these critical points the insurance carrier is always represented by counsel whose sole purpose is to limit the liability for his client. Although not required under the law you will need an experienced lawyer representing you in order to maximize your benefits.

How Is My Weekly Benefit Determined?

Under workers' compensation, the weekly monetary benefit for each client is dependent on their income and level of disability related to the injuries sustained in the work accident. The maximum amount you receive is two-thirds of your weekly average pay in the year prior to the accident, up to a cap that changes on a yearly basis. That cap is adjusted each year and determined by two-thirds of the prior year's statewide average weekly wage. There are various ways under the law to calculate what your average weekly wage is. Often when the insurance companies issue payments they are calculated incorrectly. Even if you are getting an accurate weekly benefit sooner or later the insurance company will have you see their consultant and sure enough your weekly rate will be lowered or stopped completely. We will fight to make sure that you are justly compensated.

Who Will Pay My Medical Bills?

An injured worker is not responsible for any medical costs relating to an accident that occurred at work. This coverage includes every part of your treatment, from medication, physical therapy, chiropractic care to surgery, and you should not have to go out of pocket for any expense whatsoever.

Need More Answers? Contact Us Today.

We offer free consultations and work on a contingency basis. You do not owe us anything, unless we get results for you. Contact us today at our office in Queens by calling 718-446-4400. We serve people in the five boroughs and across the state.

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