If you are injured at work in Staten Island or Brooklyn, seek advice on workers compensation. Additionally, we will guide you through the process during your incapacity. The Law Offices of Frank J. Dito, Jr. provides individualized attention and advocacy.
Generally, all employers in New York State must purchase workers compensation insurance. They may not charge employees for the coverage. Additionally, navigating this system can be complicated and confusing.
Frank Dito, Jr. has comprehensive knowledge of workers compensation.
When you contact us, you can ask questions about eligibility for benefits.
We explain how benefits are calculated and how long they last.
The Benefits and Drawbacks of Workers’ Compensation
The first important thing to know about workers’ comp is entitlement to these benefits.
You are entitled regardless of how you were injured at work.
Whether you suffered harm due to your employer’s negligence or your own carelessness, you qualify.
Workers’ comp is a no-fault program that provides medical treatment and weekly cash benefits while you heal.
Under New York State law, these benefits are provided.
However, the law prevents you from suing your employer except in exceptional cases.
What Workers’ Compensation Benefits Cover
If injury sustained on the job prevents you from working, or illness contracted there, workers’ comp may provide the following.
The list explains the potential benefits.
- Weekly cash disability benefits equal to two-thirds of your average weekly wage, including all earnings (regular wages, overtime, and bonuses). The maximum weekly cash benefit as of 10/19/2022 is $1,125.26.
- Medical benefits for all reasonable and necessary medical care, including emergency room visits, hospital care, doctor visits, diagnostic testing, medications, medical equipment and assistive devices, physical therapy, and rehabilitation
- Scheduled Loss of Use (SLU) which may be awarded by a judge as restitution for your loss of earning power due to a permanent impairment of bodily function (e.g. severe fracture, amputation, loss of sight or hearing, disfigurement, or deformity)
- Lump sum settlement in lieu of timed payments
- Death benefits to the closest family member of a worker who died on the job or from job-related injury or illness
Several factors may impact the value of your workers’ compensation settlement. These include the extent of your injuries, your ability to return to work, and your disability’s degree and duration. You may also receive workers’ comp payments to replace lost income if your injury or illness causes a pay cut. You cannot perform past duties and your employer offers a lower-paying job, or you can only work fewer hours.
When a Lawsuit Against a Third Party May Be Possible
A third-party cause makes your work injury a different situation.
For example, a newly purchased defective piece of equipment can injure you.
Frank Dito may be able to hold the manufacturer or distributor of the product accountable through a personal injury lawsuit.
How Workers’ Compensation Is Distributed
Your wage benefits do not start during the first 7 days you cannot work.
After 14 to 18 days away, you may qualify for workers compensation benefits.
If the insurer accepts your claim, you will receive retroactive benefits from day one.
When your claim is denied, our office can be very helpful during negotiations with the insurance company and their attorneys.
We have dealt with such matters many times before.
What Not to Do While Receiving Workers’ Compensation
If your medical provider has designated you as a worker with temporary total disability, you should be aware of restrictions.
Engaging in certain activities may lead to insurance fraud accusations; be careful.
Speak with our attorney before mowing the lawn or playing volleyball on a whim.
If Your Claim is denied
Unfortunately, there are circumstances in which your employer or the insurance company may deny your claim. Whether their reasons are purely financial, discriminatory, or malicious, you should not be bullied into relinquishing benefits that are rightfully yours. This is where having a workers’ comp attorney to defend you can make all the difference.
Contact The Law Offices of Frank J. Dito, Jr. Today for a Free Consultation
Once you contact our office, you will feel the relief of having a true professional at the helm. We will do everything in our power to make certain you receive the workers’ comp benefits you need and deserve. For more information visit our workers’ compensation FAQs.