Workers' Compensation Lawyer for Injured Transportation Workers in Queens

Workers’ Compensation Benefits for Transportation Workers

In New York, most transportation services workers are entitled to workers' compensation benefits if they suffer work-related injuries or illnesses. Workers' compensation in New York is governed by the New York Workers' Compensation Board, and it provides various benefits to injured workers who are eligible for workers’ comp insurance coverage based on their employment definition and status.

Benefits that are typically available for transportation services workers in New York include:

• Medical benefits: Injured transportation workers are entitled to receive medical treatment, including doctor visits, hospitalization, surgery, medication, physical therapy, etc., at no cost to them. Medical benefits should be paid by the workers' compensation insurance carrier or employer, so the injured worker doesn’t have to even pay co-pays.
• Disability benefits: If a transportation worker's injury or illness prevents them from working, they may be eligible for disability benefits. There are different types of disability benefits available under New York workers' compensation, which vary based on the type and extent of the worker’s disability.
  • Temporary total disability (TTD): Paid to workers who are temporarily unable to work due to their injury or illness. TTD benefits are typically two-thirds of the worker's average weekly wage, subject to a maximum weekly benefit amount set by law.
  • Temporary partial disability (TPD): Paid to workers who can perform some work but earn less than they did before the injury. TPD benefits are calculated based on the difference between the worker's pre-injury earnings and their current earnings, subject to certain limits.
  • Permanent total disability (PTD): Paid to workers who are permanently unable to perform any type of work due to their injury or illness. PTD benefits are typically paid for the duration of the worker's disability and are based on an assigned disability rating.
  • Permanent partial disability (PPD): Paid to workers who suffer a permanent impairment but can still work in some capacity. PPD benefits are determined based on the degree of impairment and other factors specified in the workers' compensation law.
• Death benefits: If a transportation worker dies as a result of a work-related injury or illness, their dependents may be eligible for death benefits, such as compensation for funeral expenses and weekly payments based on a percentage of the worker's average weekly wage.
• Vocational rehabilitation: Injured transportation workers who are unable to return to their previous job may be eligible for vocational rehabilitation services, including job retraining, job placement assistance, and vocational counseling, to help them return to suitable employment.

Are All Transportation Workers Covered by Workers’ Comp?

In New York City, most transportation workers are eligible for workers’ compensation if they are classified as “employees,” rather than “independent contractors.” The law does not require employers or other agencies to provide workers’ compensation insurance for independent contractors, so this distinction is very important.

To be considered an independent contractor in New York, a worker must be:

• Primarily in business for themselves (self-employed);
• Engaged in a form of work they provide to the public; and,
• Allowed to perform work free from supervision, direction, and control.

Far too often, dishonest employers misclassify employees as independent contractors to avoid providing workers with their rightful workers’ compensation benefits. If you are a transportation worker in New York City and believe you may be misclassified as an independent contractor, contact our workers’ compensation lawyers right away. We have extensive experience helping clients with complex workers’ comp matters, including employee misclassification and uninsured employers.

Workers’ Comp Filing Process for Transportation Workers

We can help you through the entire process of filing for workers’ comp as a transportation worker, including:

1. Notify employer: Inform your employer about the injury or illness as soon as possible, no matter why it happened.
2. Employer's response: After notification, your employer must report the injury to their workers' compensation insurance company within a certain timeframe. This step depends on your employer’s cooperation, but you should pay attention to make sure it is being done, too.
3. Seek legal counsel: Talk with our Queens workers’ comp lawyers for help in navigating the claim process from start to finish.
4. Evaluate eligibility: We can determine if your injury or illness is work-related and qualifies for workers' compensation.
5. File Form C-3: If it has not been filed already, we can help you complete and submit the Employee Claim (Form C-3) to the New York Workers' Compensation Board, which can be done online, by mail, or in person.
6. Insurance company's action: The insurance company has a set period to begin paying benefits or dispute the claim after receiving notification from the employer.
7. Follow-up: Our attorneys keep track of any correspondence and deadlines related to your claim, so you don’t have to worry about it. We can respond promptly to requests for additional information or documentation.

Depending on how your case goes, you might start receiving the benefits you are owed within weeks of the initial claim filing. If the case is denied or more information is requested, we can take the lead and figure out the best way to move your case forward. You can rely on us for representation during administrative hearings and more.

Contact Us Today for a Free Consultation

If you were injured in a transportation work accident in New York City, reach out to our team at Harris Firm, LLC right away. Time is critical when it comes to filing your workers’ compensation claim, and any delays in the process could jeopardize the entire case and the benefits that should be given to you. We provide free initial consultations and offer to work for contingency fees, meaning you do not pay any out-of-pocket expenses when you hire our firm. Instead, we will only collect legal fees if we recover compensation for you!

Our multilingual staff can assist you in English, Spanish, Russian, French, Bengali/Bangla, or another language you are most comfortable with, and we are able to travel to you if your injuries prevent you from coming to us. With two offices conveniently located in Queens and the Bronx, as well as an open-door policy, we are here to serve you.

Reach us onlineor call (212) 487-8669 now to set up a free, no-obligation consultation.