Workers Compensation Claims

Workers’ Compensation Lawyers Serving the Greater NYC Area

The physical, emotional, and financial repercussions of being hurt on the job can be overwhelming.  If you’re suffering from a work injury or occupational disease, the experienced workers’ compensation attorneys at Nappa, Monterosso & Poznansky can help you understand your rights and options. As the largest workers’ compensation law firm on Staten Island, we have more than 30 years of combined experience helping workers throughout the greater New York City area get the benefits they need.

Close-up of a workers’ compensation claim with a pen, calculator and eyeglasses

Understanding Workers’ Compensation Benefits in New York

Workers’ compensation provides medical and cash benefits to employees who sustain work-related injuries or occupational diseases. Under New York law, most employers are required to have workers’ compensation insurance. Benefits such as wage replacement and coverage for medical treatment can be a lifesaver for injured workers and their families.

Claimants seeking workers’ compensation must provide evidence that their illness or injury was caused by their work duties or environment. Although there are some exceptions, you must file a workers’ compensation claim within two years of the date of your injury. Our workers’ compensation lawyers in New York can evaluate your case and gather evidence to help you create a solid claim for benefits.

Who Is Eligible for Workers Compensation Benefits?

Workers' compensation benefits are available to most employees who are injured or become ill as a result of their work. The injury must occur while performing job-related duties or result from conditions such as prolonged toxic chemical exposure or asbestos exposure. To file a New York workers’ compensation claim, the injury must have happened in New York, or the company must have connections to the state. Generally, independent contractors and volunteers do not qualify for workers’ compensation benefits.

How to File a Workers Compensation Claim in New York

It’s important to follow certain steps when filing a workers’ compensation claim. Make sure to promptly notify your employer within 30 days of your injury. It’s also crucial to seek medical attention as soon as possible. In non-emergency situations, you must choose an approved healthcare provider authorized by the New York Workers’ Compensation Board (WCB). You then submit form C-3, "Employee Claim," to the WCB. Make sure to include details about your injury or illness and any medical treatment you’ve received.

After your employer is notified, they should file form C-2F with their insurance company and the NY Workers’ Compensation Board. Their insurance carrier may investigate your case, request additional information, and ask you to undergo medical evaluations. Although it’s important to cooperate with insurers, it’s best to consult with one of our attorneys to ensure your rights and interests are protected.

Common Reasons Workers Compensation Claims Are Denied

Workers' compensation claims may be denied for various reasons. Some of the most common include:

  • Failure to report the injury to an employer within the 30-day time period
  • Failure to file a claim within two years from the date or awareness of an injury or illness
  • An insurer or employer claims the injury or illness didn’t occur in the course of employment
  • An insurance company argues that the injury was caused by a pre-existing condition
  • Lack of medical evidence
  • Unauthorized treatment by a provider not approved by the WCB
  • Vague details or inconsistencies in the injury report
  • Employer or insurer disputes about the validity of an accident or your injury
  • An injury was not severe enough for medical treatment or time off work
  • Drug or alcohol use
  • Disputed or misclassified employment status

How a Workers Compensation Lawyer Can Help if Your Claim is Denied

The workers’ compensation appeals process in New York can be daunting. If your claim is denied, hiring our attorneys can significantly increase your chances of a successful appeal. We can assess your case and review the denial to determine the best course of action to help you get benefits.

Your workers’ compensation lawyer can ensure the appeal request is filed within the 30-day timeframe. We may also gather and submit additional supporting evidence, such as detailed reports from your healthcare providers, statements from medical and vocational experts, and witness statements.

We help you prepare for any hearings before the Workers' Compensation Law Judge and represent you in these hearings. We know how to create compelling arguments and challenge any evidence presented by the insurance company.

In some cases, your workers’ compensation lawyer may be able to negotiate a fair settlement with the insurance company before your hearing occurs. Our workers’ compensation lawyers are skilled negotiators who work to achieve the best possible outcome for your case. This can help you avoid the lengthy appeals process and ensure that you receive the full amount of benefits to which you’re entitled.

Workers’ Compensation FAQs

What Benefits Can You Receive From Workers’ Compensation?

There are four main types of compensation benefits that workers may receive, including:

What types of injuries or illnesses are covered under workers compensation?

Some common types of injuries and illnesses that are covered by workers’ compensation include construction site injuries, repetitive stress injuries, such as carpal tunnel syndrome, injuries sustained in industrial accidents, occupational diseases, lifting injuries, and occupational hearing loss.

Nappa, Monterosso & Poznansky, LLP has experience handling claims and appeals involving all types of work injuries. However, we do not handle workers’ compensation cases for military, police, firefighters, sanitation personnel, federal employees, or postal workers.

What Is Not Covered by Workers’ Compensation?

There are some workplace injuries that workers’ compensation does not cover. These include injuries that result from fights, being under the influence, and intentional injuries at work.

How Long Do I Have to File a Workers Compensation Claim?

The deadline for filing a workers’ compensation claim in New York is two years from the date of injury or date of knowledge of an injury or occupational disease.

How Long Does it Take to Receive Workers’ Compensation Benefits?

The timeline for receiving workers' compensation benefits in New York varies, depending on the circumstances. Generally, if a claim is straightforward and uncontested, you may start receiving wage replacement benefits about 2-4 weeks after filing your claim. Medical benefits typically begin right away. However, if your claim is denied or contested, the process can take months.

Are Workers’ Compensation Benefits Taxable?

Typically, workers’ compensation benefits are not taxable at the state or federal level.

What Can I Do If My Claim Is Denied?

If you receive a workers’ compensation denial, you can file an appeal with the New York Workers’ Compensation Board. Your attorney can assist you throughout this process and represent your interests every step of the way.

What Can I Do if My Workers’ Compensation Benefits are Terminated? 

If you believe your benefits were wrongfully terminated, you can request a hearing before a Workers' Compensation Law Judge. Hearings are usually scheduled within 30 to 90 days after the request is made. If your benefits aren’t reinstated you can file an appeal with the New York Workers' Compensation Board.

Can I Be Fired for Filing a Workers’ Compensation Claim?

New York Workers’ Compensation Law prohibits employers from retaliating against employees for filing workers' compensation claims, seeking benefits, or testifying in workers' compensation proceedings. If you believe you were fired or retaliated against because you filed a claim, you can file a formal complaint with the New York Workers’ Compensation Board within two years of the retaliatory action.

What Should I Do If My Employer Doesn’t Have Workers’ Compensation Insurance?

The State of New York requires most businesses to purchase workers’ compensation coverage for their employees. An employer who fails to provide workers’ compensation coverage can face serious penalties. If your employer doesn’t have workers’ compensation insurance, you can still file a claim through the New York Uninsured Employers Fund (UEF). If you file an Employee Claim (Form C-3) with the Workers' Compensation Board and it is approved, the UEF will provide medical and wage replacement benefits.

If your employer doesn’t have workers’ compensation insurance, you have the right to file a personal injury lawsuit against them in civil court. Normally, workers’ compensation laws prevent employees from suing their employers, but this protection doesn’t apply if the employer is uninsured.

How Much Does a Workers’ Compensation Attorney Cost?

Our workers’ compensation lawyers work on a contingency basis, which means you won’t incur any up-front costs or owe attorneys’ fees unless we win your case. Each case is unique, and fees are subject to approval by the New York Workers' Compensation Board to ensure they are reasonable.  Before we begin working on your case, we’ll explain our fee structure and answer any questions you may have.

Why Choose Nappa, Monterosso & Poznansky, LLP?

At Nappa, Monterosso & Poznansky, LLP, our team’s experience, knowledge, and compassion can help make a difficult time easier and give you the best opportunity for obtaining the full amount of benefits you need. We’re dedicated to serving workers on Staten Island and throughout the greater NYC area. Our workers’ compensation attorneys and disability lawyers are well-versed in both New York and federal laws surrounding workers’ compensation and Social Security Disability benefits. Bilingual attorney and Partner Rolando Cubela proudly serves our Spanish-speaking clients.

Contact an NYC Workers’ Compensation Lawyer Today

Whether you or a loved one is dealing with a work injury or occupational illness, our workers’ compensation lawyers at Nappa, Monterosso & Poznansky, LLP can help. Contact us or call 718-273-9000 today to schedule a consultation with a workers’ compensation attorney in the greater New York City area.

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