Workers Compensation Lawyer In New York City
If you’ve been injured on the job, you have the right to seek workers’ compensation benefits. However, navigating the claims process can be overwhelming, especially when your claim is delayed, denied, or underpaid. This is where having an experienced workers’ compensation lawyer can make all the difference.
At Koenigsberg & Associates Law Offices, we have decades of experience helping injured workers secure the benefits they are entitled to under New York law. We are here to guide you through the process, protect your rights, and fight for the maximum compensation you deserve.
What is Workers’ Compensation?
Workers’ compensation is a state-mandated insurance program that provides financial and medical benefits to employees who are injured or become ill due to work-related conditions. It is designed to protect workers and their families from the financial hardships caused by workplace accidents or occupational illnesses.
In New York, most employers are required to carry workers’ compensation insurance, ensuring that employees receive the support they need after a workplace injury or illness. This program covers a range of benefits, including:
Medical Expenses
Workers’ compensation provides coverage for all necessary medical treatments related to your injury or illness. This includes doctor visits, surgeries, diagnostic tests, physical therapy, medications, and ongoing treatment. Whether you need emergency care immediately after an accident or long-term rehabilitation for a chronic condition, workers’ compensation is designed to cover these costs without requiring out-of-pocket payments.
Lost Wages
If your workplace injury prevents you from working, workers’ compensation provides wage replacement benefits. These benefits typically amount to a percentage of your average weekly wage and are meant to ease the financial burden while you recover. Whether your inability to work is temporary or permanent, this compensation can help you and your family manage your living expenses during a challenging time.
Permanent Disability Benefits
For workers who suffer permanent injuries that limit their ability to work, workers’ compensation offers permanent disability benefits. These payments are calculated based on the severity of your impairment and how it affects your capacity to earn a living. Permanent disability benefits can provide crucial financial support for those unable to return to their previous job or any other form of employment.
Death Benefits
In the unfortunate event of a workplace fatality, workers’ compensation provides death benefits to surviving family members. These benefits include financial support for funeral expenses and ongoing payments to dependents to replace the income lost due to the worker’s passing. Death benefits are designed to ensure that grieving families are not left struggling financially after the loss of a loved one.
Workers’ compensation operates as a no-fault system. This means that employees are entitled to benefits regardless of who was at fault for the accident or illness. Whether your injury was caused by your own mistake, a coworker’s error, or unsafe workplace conditions, you can still receive benefits.
However, obtaining these benefits is not always straightforward. Employers and insurance companies may dispute claims, delay payments, or deny coverage altogether. Legal representation can be critical in ensuring your claim is approved and that you receive the full range of benefits you are entitled to. An experienced workers’ compensation lawyer can guide you through the process, protect your rights, and handle disputes with employers or insurance providers.
Common Workplace Injuries Covered by Workers’ Compensation
Workplace injuries can occur in any industry, from construction and manufacturing to office environments. Common injuries covered by workers’ compensation include:
Repetitive Stress Injuries (RSIs)
Repetitive stress injuries occur when a worker performs the same motions repeatedly over time, leading to wear and tear on muscles, tendons, and nerves. Conditions such as carpal tunnel syndrome, tendonitis, and bursitis are common RSIs. These injuries often affect office workers, factory employees, and others who engage in repetitive motions, such as typing, assembly line work, or operating machinery.
RSIs can cause pain, stiffness, and weakness in the affected area, reducing a worker’s ability to perform their job. If untreated, these injuries may require long-term medical care, including physical therapy, ergonomic adjustments, or even surgery.
Back and Neck Injuries
Back and neck injuries are prevalent in physically demanding jobs that involve heavy lifting, falls, or awkward movements. Common examples include herniated discs, muscle strains, and cervical sprains. These injuries can occur suddenly, such as during a fall, or develop over time due to poor posture or repetitive stress on the spine.
Back and neck injuries often result in severe pain, reduced mobility, and difficulty performing physical tasks. Treatment may involve physical therapy, medication, or surgery in more serious cases. Workers may also require modified duties or extended time off for recovery.
Head Injuries
Head injuries, including traumatic brain injuries (TBIs) and concussions, are among the most serious workplace injuries. These often occur from falls, falling objects, or being struck by equipment. Even a seemingly minor head injury can have lasting effects, such as memory loss, cognitive difficulties, or mood changes.
Severe TBIs may require extensive medical care, including hospitalization, rehabilitation, and ongoing therapy. In many cases, head injuries can have long-term impacts on a worker’s quality of life and ability to return to work.
Broken Bones and Fractures
Broken bones and fractures frequently result from slips, trips, and falls, or accidents involving heavy machinery. These injuries can range from simple fractures, which may heal with a cast, to complex breaks that require surgery and months of rehabilitation.
Commonly affected areas include arms, legs, ribs, and hands. Broken bones can cause significant pain, loss of function, and extended time away from work. Recovery times vary depending on the severity of the injury and the worker’s overall health.
Occupational Illnesses
Occupational illnesses develop from prolonged exposure to workplace hazards such as chemicals, noise, or poor air quality. Common conditions include respiratory diseases, hearing loss, skin disorders, and chemical poisoning. For example, workers exposed to asbestos may develop mesothelioma, a life-threatening lung disease.
These illnesses often require specialized medical treatment and may have lasting effects on a worker’s health. In many cases, symptoms of occupational illnesses take years to develop, making it critical to establish a clear connection between the illness and workplace exposure when filing a claim.
Each of these injuries and illnesses can significantly impact a worker’s life, leading to financial stress, physical pain, and emotional challenges. Workers’ compensation benefits are designed to provide support for injured employees, covering medical expenses, lost wages, and rehabilitation needs. If you have experienced any of these injuries, seeking legal guidance can help ensure you receive the full benefits you deserve.
Challenges Workers Face in Workers’ Compensation Claims
While workers’ compensation is designed to protect employees, the claims process can be complex and frustrating. Injured workers may face challenges such as:
Claim Denials: Insurance companies often deny claims. They argue that the injury was not work-related or that proper documentation was not provided.
Delayed Benefits: Waiting weeks or months for medical or wage benefits can create financial stress. We help find peace of mind for injured workers and their families.
Underpaid Claims: Insurance providers may undervalue the extent of your injury or your lost wages, leaving you without adequate support.
Retaliation: Some employers may retaliate against workers for filing claims, such as through wrongful termination, demotion, or harassment.
An experienced workers’ compensation lawyer can address these challenges, ensuring your rights are protected and your claim is handled fairly.
Steps to Take After a Workplace Injury
If you’ve been injured at work, taking the right steps can protect your health and your right to workers’ compensation benefits:
Seek Medical Attention Immediately: Your health is the top priority. Report your injury to a doctor and ensure the injury is documented.
Notify Your Employer: Report the injury to your supervisor or employer as soon as possible. Failure to do so promptly can jeopardize your claim.
File a Workers’ Compensation Claim: Submit the necessary paperwork to initiate your claim. This step must be completed within the deadlines set by New York law.
Consult a Workers’ Compensation Lawyer: Contact an experienced attorney to ensure your claim is handled properly and to address any disputes that arise.
Your Legal Rights After a Workplace Injury
If you’ve been injured on the job in New York, you are entitled to certain legal protections and benefits. Understanding these rights can help you secure the compensation and support you deserve. Here’s a summary of your key legal rights:
Right to Workers’ Compensation Benefits
Workers’ compensation provides financial and medical benefits for work-related injuries or illnesses. Including coverage for medical treatment, partial wage replacement, disability benefits for permanent injuries, and death benefits for surviving family members. Workers’ compensation is a no-fault system, meaning you are entitled to benefits regardless of who caused the injury.
Right to a Safe Workplace
Employers are required to provide safe working conditions under New York law and OSHA standards. This includes proper training, maintaining safe equipment, and addressing hazards. Unsafe conditions may allow you to pursue additional claims outside of workers’ compensation.
Right to Seek Additional Compensation
If your injury was caused by negligence, such as a fall due to inadequate safety measures, you may pursue additional compensation under New York’s Labor Laws (§240 and §241). These laws hold property owners and contractors accountable for safety violations.
Protection Against Retaliation
You are protected from retaliation for filing a workers’ compensation claim or reporting unsafe conditions. Retaliation, such as firing, demotion, or harassment, is illegal and can result in additional legal action.
Right to Accommodations and Leave
If your injury results in a disability, you have the right to reasonable accommodations under the ADA. Additionally, the Family and Medical Leave Act (FMLA) allows eligible workers to take up to 12 weeks of unpaid leave. This helps you to recover while retaining job security.
Right to Legal Representation
Navigating the claims process can be challenging. An experienced workers’ compensation lawyer can help you file your claim, address disputes, and pursue additional compensation when appropriate.
Why Choose Koenigsberg & Associates Law Offices as Your Workers’ Compensation Lawyer?
At Koenigsberg & Associates Law Offices, we are committed to fighting for the rights of injured workers in New York City. Here’s why we are the right choice for your workers’ compensation case:
Expertise in Workers’ Compensation Law
Our legal team has a deep understanding of New York’s workers’ compensation laws and knows how to navigate the complexities of the claims process. We identify errors or bad-faith actions by insurance companies and employers and take immediate steps to correct them.
Proven Track Record of Success
We have successfully handled workers’ compensation cases across a range of industries, securing benefits for clients with all types of workplace injuries. From initial filings to appeals, we are relentless in our pursuit of justice for injured workers.
Personalized Legal Representation
We understand that every injury is different. Our attorneys take the time to listen to your story and craft a legal strategy tailored to your unique situation. Our goal is to provide compassionate and effective representation to help you focus on your recovery.
No Upfront Costs
We work on a contingency fee basis, meaning you pay nothing unless we successfully secure benefits for you. You can count on our team to invest the time and resources needed to win your case without adding to your financial burden.
Contact Koenigsberg & Associates Law Offices Today
If you’ve been injured on the job, don’t face the workers’ compensation system alone. At Koenigsberg & Associates Law Offices, we are here to provide the legal support and guidance you need to secure the benefits you deserve.
Call us at (718) 690-3132 or fill out our online contact form to schedule a free consultation. Take the first step toward justice and recovery today.
