If you have been injured at work in Staten Island or Brooklyn and need advice regarding how to get maximum workers’ compensation during your period of incapacity, The Law Offices of Frank J. Dito, Jr. is the place to call. We will provide you with individualized attention and conscientious legal advocacy.
Generally speaking, all employers in New York State are required to purchase workers’ compensation insurance and may not charge their employees for the coverage. Like other bureaucratic systems, workers’ comp can be complicated and confusing to navigate. This is why having an experienced workers’ comp attorney assisting you is invaluable.
When you contact us, you will find that Frank Dito, Jr. has comprehensive knowledge of New York workers’ compensation. We will be able to answer all of your questions regarding what makes you eligible for benefits, how benefits are calculated, and how long you can count on them to last.
The Benefits and Drawbacks of Workers’ Compensation
The first important thing to know about workers’ comp is that you are entitled to receive these benefits no matter how you were injured at your workplace. Whether you suffered harm due to the negligence of your employer or were hurt as a result of your own carelessness, workers’ comp is a no-fault compensation designed to provide you with medical treatment and weekly cash benefits while you heal. These benefits are given to you under New York State law, however, the law prevents you from suing your employer in all but exceptional cases.
What Workers’ Compensation Benefits Cover
If an injury sustained on the job, or an illness contracted there, is preventing you from working, workers’ comp may provide the following:
- 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, such as the extent of your injuries, whether you will be able to return to work, and your degree and duration of the disability. You may also receive workers’ comp payments to make up a portion of your lost income if your injury or illness has resulted in a pay cut. This may have occurred because you are unable to perform past duties and have been given a lower-paying job, or because you are now only able to work fewer hours.
When a Lawsuit Against a Third Party May Be Possible
If your injury at work was caused by a third party, the situation is entirely different. For example, If you were injured by a newly purchased piece of defective equipment, 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 will not be paid during the first 7 days that you are unable to work, but once you have been away from your job for 14 days to 18 days, assuming your claim has been accepted by the insurer, you should begin receiving benefits retroactively from the first day you were unable to work.
If your claim is denied, our office can be very helpful during negotiations with the insurance company and their attorneys since we have dealt with such matters many times before.
What Not to Do While Receiving Workers’ Compensation
You should be aware that if your medical provider has designated you as a worker with temporary total disability, engaging in certain activities may result in your being accused of insurance fraud. 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.