Queens Workers’ Compensation Attorney
Filing a Workers’ Compensation Claim in New York City
At the Harris Firm, LLC, we handle worker's compensation claims on behalf of healthcare workers in Queens, the Bronx, and all of New York City's boroughs. With over 25 year of experience, our attorneys are well-versed in the state's workers' compensation system. We understand how the process works, as well as the unique needs of injured healthcare workers. Our firm develops innovative legal strategies and provides personalized attention to each healthcare provider who contracts COVID-19 at work or with in the scope of their employment.
In New York, nearly every employee is entitled to workers’ compensation. This means that if you were involved in an on-the-job accident or suffered a work-related injury, illness, or medical condition, you are likely entitled to financial compensation for certain expenses and losses through the state’s workers’ compensation system. However, just because you are entitled to benefits does not necessarily mean that you will be able to recover those benefits easily.
Filing a workers’ compensation can be confusing, time-consuming, and difficult. This is especially true when your employer or their insurance provider disputes your claim. At the Harris Firm, LLC, we represent injured workers in navigating the workers’ compensation system, from filing an initial claim to appealing claim denials, coverage, and related issues. Based in Queens, our workers’ compensation attorneys represent injured workers from all industries throughout NYC’s five boroughs. Whether you were injured in a catastrophic workplace accident or diagnosed with a debilitating work-related medical condition, our team is ready to fight for you and your rights.
Who Is Covered by Workers’ Compensation in New York?
The New York workers’ compensation system covers nearly all employees in the state, including both part-time and full-time workers. In fact, when discussing who is covered by workers’ compensation in New York, it is actually easier to name the few exceptions.
In New York, the following types of workers are generally not covered by workers’ compensation:
- Independent contractors
- Sole proprietors
- Business owners/partnerships without employees
- Most unpaid volunteers
All other workers in the state of New York are covered by their employers’ workers’ compensation insurance. If your employer does not have coverage, or if they are disputing your eligibility to receive workers’ compensation benefits after a job-related injury or illness, contact the Harris Firm, LLC right away.
What Workers’ Compensation Benefits Are Available?
Workers’ compensation provides several different types of benefits to qualifying claimants in New York.
These benefits include:
- Medical Benefits: Workers’ compensation pays for all “reasonable and necessary” medical care, treatment, and related expenses stemming from job-related injuries, illnesses, and medical conditions. This includes surgical and hospital services, dental services, crutches and orthopedic devices, hearing aids, chiropractic treatment, physical therapy, nursing care, medications, and more. In some cases, workers’ compensation also pays mileage reimbursement for travel to and from medical appointments.
- Temporary Disability Benefits: The New York workers’ compensation system pays both temporary total disability (TTD) and temporary partial disability (TPD) benefits for workers who are unable to work temporarily due to job-related injuries and medical conditions. The amount paid for temporary disability depends on the worker’s disability rating, their average weekly wage, the state’s maximum weekly amount, and other factors. Our Queens workers’ compensation lawyers can review the details of your case with you during a free consultation.
- Permanent Disability Benefits: If a worker is permanently disabled due to a job-related injury or illness, they can receive permanent total disability (PTD) or permanent partial disability (PPD) benefits, depending on their disability rating and other factors. To receive permanent disability benefits, you must receive an impairment rating from your treating physician between 1 and 100% after you have reached “maximum medical improvement,” or MMI. Different amounts are awarded for different impairment ratings and types of disabilities, including disfigurement, loss of bodily functions, loss of limb, etc.
- Vocational Rehabilitation Benefits: Some individuals who experience work-related injuries or medical conditions that prevent them from returning to their previous employment may qualify for vocational rehabilitation benefits. These benefits help offset some of the costs associated with retraining, education, and reentering the workforce, such as course fees, material costs, and other expenses.
- Death Benefits: When someone dies in a workplace accident or as a result of a job-related injury or illness, their surviving dependents (spouse, child, etc.) may be entitled to workers’ compensation death benefits. These benefits are calculated based on various factors, including the deceased’s average wages, the number of children/dependents, and more. Workers’ compensation death benefits also pay for reasonable funeral/burial expenses up to a specific limit that differs from county to county.
Although most workers’ compensation benefits are provided on an ongoing basis, it may be possible to receive a lump-sum settlement. If you have questions about your benefits, we invite you to reach out to our team at the Harris Firm, LLC. We are happy to discuss your case and advise you as to your legal options at no cost, either in one of our conveniently located offices or at your home or the hospital.
Appealing a Denied Workers’ Compensation Claim
Employers’ insurance companies frequently dispute or deny workers’ compensation claims. If this happens to you, know that you have the option of appealing and continuing to seek the rightful benefits you are owed.
Appealing a denied workers’ compensation claim is a complex process, involving numerous steps, extensive paperwork, and hearings before administrative law judges. At the Harris Firm, LLC, we can help you navigate this process and ensure that you are fully prepared for all related proceedings. Our Queens workers’ compensation attorneys are here to represent you and your best interests every step of the way, offering personalized and attentive service and aggressive advocacy from start to finish.
How the Harris Firm, LLC Can Help
If you have been injured in an on-the-job accident or diagnosed with a work-related health condition, make sure you see a medical professional right away. You should also notify your employer right away but no more than 30 days after the injury or diagnosis. Next, you should consider hiring a workers’ compensation attorney who can advise you of your options and protect your rights.
At the Harris Firm, LLC, we understand the New York workers’ compensation system. Our attorneys bring decades of experience to their practice, along with a proven track record of success in obtaining fair benefits for our clients.
We represent individuals across all industries who have suffered work-related injuries, illnesses, and medical conditions. This includes but is not limited to:
- Construction workers
- Uber, Lyft, and other rideshare drivers
- Restaurant workers
- Healthcare workers
- Transportation workers
- Manufacturing workers
Our multilingual staff can assist you in English, Spanish, Russian, French, Bangali/Vangia, or another language you are most comfortable communicating in. We have an open-door policy, meaning you do not need to make an appointment to see us. We offer completely free, zero-obligation consultations and contingency fees, which means you do not pay any out-of-pocket expenses when you hire our firm. Instead, we only collect legal fees if/when we recover compensation for you.
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.