Workers' Compensation FAQs
The attorneys of Bangel, Cohen & Falconetti, 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.
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:
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The type of injury sustained
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Whether the insurance company denied or accepted your claim
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Administrative errors
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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.
A workers’ 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.
Throughout a workers’ compensation claim, hearings may be scheduled before the New York State Workers’ Compensation Board. Hearings are often held when there is a dispute involving issues such as lost wage benefits, the extent of a disability, or medical treatment. The insurance carrier may be represented by an attorney at these hearings. While you are not required by law to have an attorney, having an experienced workers’ compensation attorney can help you understand the process, protect your rights, and pursue the benefits available to you.
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.
If your workers’ compensation claim is accepted, necessary medical treatment related to your work injury is generally covered by workers’ compensation, with no out-of-pocket cost to you. Covered treatment may include doctor visits, prescription medications, physical therapy, chiropractic care, diagnostic testing, and surgery, subject to New York workers’ compensation requirements.
