Bronx Workers’ Compensation Attorneys
Filing a Workers’ Compensation Claim in New York City
At the Harris Firm, LLC, we proudly stand up for injured workers from all industries in The Bronx. With more than 20 years of experience, our attorneys are well-versed in the New York workers' compensation system, and we are familiar with the insurance companies that are often at the center of difficult workers’ compensation claims and lawsuits. If you were hurt at work or while completing job-related duties, we want to hear from you. Various benefits might be available to you, and we know how to fight for the full amount, so you can enjoy the best chances of recovering from your work-related injury. We have earned a reputation for holding insurance companies accountable, and we never settle for less than what your claim is worth.
Workers’ Compensation Services in The Bronx
Our Bronx workers' compensation services include:
- Filing a workers' compensation claim.
- Representation during the claims process.
- Attempting to negotiate a fair settlement.
- Representation in court hearings.
- Advice on filing appeals.
- Coverage disputes.
- Assistance with medical costs.
- Help with wage replacement.
- Assistance with vocational rehabilitation.
- Advice on Social Security Disability benefits.
Types of Workers’ Comp Claims We Handle
With decades of collective practice experience, our Bronx workers' comp attorneys are always ready to hear from and help injured locals. We represent people from various industries who have suffered work-related injuries, illnesses, and medical conditions. No matter what type of career path you follow, make sure it leads to our law firm if a work accident strikes.
We can help injured workers from these industries and more:
- Uber, Lyft, and other rideshare services
- Law enforcement
Injuries New York Workers’ Compensation Insurance Covers
Under workers’ compensation rules in New York, virtually any type of injury can be covered by workers’ compensation insurance. The specifics of the injury type are not as important as when or how the injury happened. In other words, if you were hurt or suffered an injury or illness in the scope of your occupation, the injury should generally be covered by workers’ compensation and make you eligible for filing a claim.
Examples of common work-related injuries include:
- Sprains and strains
- Back injuries
- Repetitive stress injuries
- Carpal tunnel syndrome
- Head injuries
- Occupational illnesses
- Toxic exposure injuries or illnesses
- Assault-related injuries
Does New York Apply a No-Fault Policy for Workers’ Comp?
The New York State Workers’ Compensation Board applies a no-fault policy to workers’ compensation insurance and claims within the State. With fault taken out of the question, an injured worker can file a claim for benefits without the need to prove which party caused their injury or illness. There is also no need for an injured worker to prove that their own actions or mistakes didn’t cause their injury or illness.
Fault only comes into question for a workers’ compensation claim when the employer or insurance company has good reason to believe the claimant’s injury shouldn’t be covered by workers’ comp. For example, if a worker intentionally injures themselves to avoid more work and get workers’ compensation, the claim could be denied. At that point, an investigation could be used to determine how the worker was injured and who was at fault.
Who Is Covered by Workers’ Compensation in the Bronx?
Workers' compensation coverage in New York extends to nearly all employees in the state, including full-time, part-time, and seasonal or temporary workers. It is easier to identify the few exceptions when discussing who is not covered by workers' compensation in New York, rather than trying to discuss all workers who are covered.
The following types of workers are generally not covered by workers’ comp in the Bronx:
- Independent contractors
- Sole proprietors
- Business owners/partnerships without employees
- Most unpaid volunteers
Do you fall into any of these worker categories? Don’t assume you can’t get workers’ comp. You might have been misclassified and still be eligible to file. Call our Bronx workers’ comp attorneys at (718) 487-8669 to discuss your situation and options.
How Long Do I Have to File a Workers’ Compensation Claim?
If you have been injured or fallen ill due to your job, you must file a workers' compensation claim within two years of the accident or within two years of becoming aware that your illness is work-related. Keep in mind that if you get hurt at work, you may be expected or required to notify your employer of your injury much, much sooner. Oftentimes, you must notify your employer within 30 days of your injury, or you could lose your right to file for workers’ compensation benefits later.
What Workers’ Compensation Benefits Are Available?
Workers' compensation in New York provides several types of benefits to eligible claimants, including:
- Medical benefits: Workers' compensation covers all "reasonable and necessary" medical care, treatment, and related expenses stemming from job-related injuries, illnesses, and medical conditions. Everything from surgical and hospital services to physical therapy, nursing care, and prescription medications should be fully covered. In certain cases, workers' compensation also covers mileage reimbursement for travel to and from medical appointments.
- Temporary disability benefits: The New York workers' compensation system provides temporary total disability (TTD) and temporary partial disability (TPD) benefits to certain workers temporarily unable to work due to job-related injuries or medical conditions. During a free consultation, our Bronx workers' compensation lawyers can review your case and see if you should be eligible for temporary disability benefits and for how much.
- Permanent disability benefits: If you suffer a permanent disability due to a job-related injury or illness, you may be eligible for permanent total disability (PTD) or permanent partial disability (PPD) benefits, depending on your disability rating and other factors. To receive permanent disability benefits, you must reach "maximum medical improvement" (MMI) and receive an impairment rating from your treating physician, ranging from 1 to 100%. Different amounts are awarded based on impairment ratings and the type of disability, such as disfigurement or loss of bodily functions or limbs.
- Vocational rehabilitation benefits: Some workers who suffer work-related injuries or medical conditions preventing them from returning to their previous employment may qualify for vocational rehabilitation benefits. Such benefits help offset the costs associated with retraining, education, and reentering the workforce, including course fees, material costs, and other related expenses.
- Death benefits: After a work-related fatality, the surviving dependents (spouse, child, etc.) may be entitled to workers' compensation death benefits, which may provide payments for a funeral and burial, as well as continued financial assistance meant to make up for lost wages and job benefits.
What is My Bronx Workers’ Compensation Case Worth?
The value of your workers' compensation case filed in the Bronx depends on many factors that make it unique to you and your circumstances. When everything is said and calculated, the “value” or “worth” of your case will be unique, so it can’t be promised upfront by even the most experienced legal team. At the Harris Firm, we never give our clients empty promises of false hope. We believe that honesty and transparency help make the workers’ compensation process less stressful. Of course, no matter what your case’s final worth might be, you can be confident that we will do all we can to secure every penny and benefit owed to you.
Can I File a Lawsuit for Additional Damages?
If you can use workers’ compensation to recover losses after a work-related injury or accident, you typically are not legally permitted to file a civil injury claim against your employer regarding the same injury or accident. In this way, workers’ compensation insurance protects the worker by providing much-needed coverage and it protects the employer by blocking potential lawsuits from injured workers. However, there are times when an injured worker can use a civil injury claim (personal injury claim) to seek compensation after a work-related injury.
You might be able to file a lawsuit for additional or unclaimed damages if:
- You are not covered by workers’ compensation, so a civil claim is your only legal avenue to demand compensation.
- You were hurt by a negligent third party (customer, vendor, subcontractor, etc.), and you want to pursue losses and damages not covered by workers’ compensation.
Please note that you cannot receive compensation for the same damage or loss twice. For example, if you get 66% of your lost wages provided by workers’ compensation benefits, a civil injury claim could only seek the remaining 34% of those lost wages.
How Do I Appeal a Denied Workers’ Compensation Claim?
Insurance companies frequently dispute or deny workers' compensation claims, sometimes without even providing an explanation to the injured worker. If you find yourself in this situation, it is important to know that you have the right to appeal and continue pursuing the benefits you are rightfully owed.
Appealing a denied workers' compensation claim is a complex process involving multiple steps, extensive paperwork, and hearings before administrative law judges. The Harris Firm, LLC can help you navigate this process and ensure that you are fully prepared for all related proceedings. Our Bronx workers' compensation attorneys are here to represent your best interests every step of the way, offering personalized and attentive service that is paired with aggressive advocacy.
Get Help from The Harris Firm, LLC
If you have been injured in an on-the-job accident or diagnosed with a work-related health condition, consult with our Bronx workers' compensation attorneys right away. We’re here to guide you through your options and protect your rights from start to finish. Whether you need to file a workers’ compensation claim or already filed one that was wrongfully denied, we are equipped with the knowledge, experience, and resources needed to tackle any difficult case, claim, or lawsuit.
Our multilingual staff is available to assist you in English, Spanish, Russian, French, or Bengali. We maintain an open-door policy, meaning you can visit us without an appointment. We also offer work on a contingency fee basis, which means you only pay legal fees if we secure compensation or workers’ comp benefits for you. It’s one of the many ways the Harris Law Firm makes pursuing a workers’ comp claim simple for our clients.
Mr.Harris handled my case perfectly- Saidou K.
I changed my attorney to Mr.Harris and it was the best decision I've made- Genesis A.
Mr. Harris was very professional, and I’m very grateful what he has done for my case.- Lola L.
Very grateful! Definitely will recommend Mr. Harris to anyone who needs.- Sharanjeet S.
Mr. Harris is the very best in the business has been doing this for over 25 years- Israel Y.