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New York Workers Compensation Lawyers

Steps to take to build a strong workers' compensation case

At Schwartzapfel Lawyers, we recognize the challenges when dealing with workplace injuries and the complexities of workers’ compensation claims. We empathize with the physical pain, financial burdens, and potential long-term consequences that accidents and incidents can impose. Our dedicated team of attorneys is committed to providing exceptional legal support, ensuring you receive the maximum workers’ compensation benefits.

 

With a proven track record of success in handling workers’ compensation cases, you can rely on us to defend your rights as an injured employee, secure the justice you are entitled to, and offer support during difficult times. Allow Schwartzapfel Lawyers to be your trusted ally, using our experience and diligence to bring about the best possible outcome for your case. Call us now at 516-342-2200 for a free consultation and so much more!

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Do You Have Questions About Your
Workers' Compensation Case?

Did you report your accident to your employers?

At Schwartzapfel Lawyers, we understand how challenging it can be to deal with a work-related accident. The first step you should take is to report the accident as soon as possible. This is important because it helps create a record of the incident, which can be crucial for your workers’ compensation claim. Remember, the sooner you report what happened, the easier it is for your attorney to help you get the compensation you deserve.

 

To make sure you’re taking the right steps, be sure to gather all the necessary information about the accident. This includes details about where and when it happened, any witnesses present, and any injuries you sustained.

 

Additionally, when you report the accident, you should be as detailed and accurate as possible, as this can help your attorney build a strong case for you. By following these simple steps, you can increase your chances of receiving the workers’ compensation payments you need to recover and get back to your life.

Have you received your workers' compensation forms to fill out?

The first step is to make sure you complete all the necessary forms. We’ll guide you through the process. Your employer or their insurance company should give you these forms. It’s essential to fill them out accurately and on time.

 

We know that dealing with paperwork can be confusing, especially when you’re injured. As your trusted attorneys, we’ll make sure you understand the deadlines set by New York State. We’ll also help you with any other guidelines that come with filing a workers’ comp claim. With Schwartzapfel Lawyers by your side, you can focus on getting better while we take care of the rest.

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Have you received medical treatment for your accident?

It’s important to take care of yourself first. Make sure you get the proper medical care for your injury or illness. While getting evaluated, let your doctor or nurse know that you got hurt at work. This way, they can treat you properly and help you get the workers’ compensation you are entitled to.

 

Regardless of the type of injury you have suffered, you must see a doctor who is authorized by the Workers’ Compensation Board to handle workers’ compensation cases. He or she can document how your case is work-related and take care of filing the appropriate medical paperwork.

 

We cannot stress enough how important it is to be honest with your medical provider about your symptoms and how the injury occurred. If your doctor does not have the full picture, he or she cannot treat your injuries properly.

 

In addition, your medical records can become evidence in your workers’ compensation case. If you fail to disclose symptoms and later tell the doctor that you are having new pain, the insurance company may assume the new symptoms were caused by an entirely different incident — and not the one that is work-related.

Do you need help securing workers' compensation?

You don’t have to go through this alone. Our team at Schwartzapfel Lawyers is here to support you. Our skilled work accident lawyers are experienced when it comes to workers’ compensation and construction site accident cases.

 

With our experience and skills, we can make sure you get all the money and benefits you are entitled to. So, please, don’t wait any longer – reach out to us, and let’s get started on making things right for you. Dial 516-342-2200 now!

Workers' Compensation FAQs

What is worker's compensation?

If you or a loved one has been injured on the job and you’re concerned about whether you need to hire a workers’ compensation attorney, this is a good place to start. Without knowing the particular facts of your case, it’s impossible to say for certain whether you need a skilled personal injury attorney to help you with your claim. We can, however, give you a general idea about the types of circumstances that may point to a decent do-it-yourself outcome.

 

These circumstances are as follows:

 

  • Your work-related injury is relatively minor.
  • Your employer acknowledges that the injury occurred at work or while in the performance of job-related duties.
  • You didn’t miss much work as a result of the injury.
  • You don’t have a pre-existing condition that was exacerbated by the new injury.

Essentially, if your work-related injury is relatively minor and you get back to work quickly without any permanent total or partial loss of use or disability, you probably do not need an attorney.

 

However, even if your circumstances seem relatively uncomplicated, the process can still be tricky. You may at least want to contact an experienced workers’ compensation attorney for a free consultation. The New York workers’ compensation attorneys at Schwartzapfel Lawyers’ law office are able to walk you through the claims process, alert you of potential snags, and give you an honest opinion as to whether or not you can handle the claim on your own.

What are the common causes and consequences of workplace accidents in New York State?

Every workplace is susceptible to accidents and injuries, be it an office, construction site, or factory. In New York State alone, thousands of workplace accidents and incidents are reported each year, resulting in severe injuries, total disability, and even death.

 

As such, it is important for both employers and employees to understand the causes and consequences of such work accidents so that they may take all necessary precautions to prevent them from happening.

 

Back Or Neck Injuries From Repeated Heavy Lifting

 

In many work environments, especially in construction, workers are often required to lift heavy objects. This can lead to severe back or neck injuries over time. If you’ve suffered such an injury, consulting with an experienced workmans comp lawyer can help you understand your rights and the workers’ compensation benefits you’re entitled to.

 

Exposure To Hazardous Materials

 

Hazardous materials in the workplace, including exposure to asbestos or harmful chemicals, can lead to significant health issues. It’s crucial to seek immediate medical attention and consult a knowledgeable workers’ comp attorney to discuss your workers’ compensation claim.

 

Accidents While Working Construction

 

Construction sites are notorious for being high-risk areas. Whether it’s due to defective workplace equipment or machinery, workplace fires, or explosions, such incidents can lead to severe injuries or even wrongful death. An experienced workers’ compensation attorney can offer essential legal representation in these workers’ comp cases.

 

Job-Related Car Or Trucking Accidents

 

Qualified job injury lawyers understand that car or trucking incidents related to work can have complicated insurance and liability issues. Such accidents require specialized knowledge of both personal injury and workers’ comp law.

 

Ladder Fall Accidents

 

Falls from ladders at work or while in the performance of job-related duties can result in significant injuries, impacting your ability to earn and increasing your medical costs. A skilled work injury attorney can take you through the claims process and help you recover all the money and benefits you are entitled to.

 

Repetitive Motion Injuries

 

Common in many workplaces, repetitive motion injuries can lead to long-term health issues. A work comp attorney can guide you through obtaining disability benefits and cover your medical treatment costs.

 

For your free consultation with Schwartzapfel Lawyers, call 516-342-2200 now or visit us online. Remember, you have a limited time to claim the types of benefits and compensation you’re entitled to. Don’t wait; your future and well-being may depend on it.

What should I do if I've suffered a work-related injury and need help navigating workers' compensation law?

Understanding the intricacies of workers’ compensation law is essential for anyone who has suffered a work-related injury. An adept workers’ compensation lawyer can assist you with the claims process, ensuring that your rights are maintained and that you receive the workers’ compensation benefits you are entitled to.

 

The Role Of Insurance Companies In Workers’ Comp Claims

 

Dealing with insurance companies can be challenging. They often have adjusters who aim to minimize the company’s payout. Therefore, having the right personal injury lawyer by your side is crucial to counter these tactics and secure a fair settlement for your medical expenses and lost wages.

 

The Importance Of Legal Representation

 

A reputable law firm specializing in workers’ compensation can offer invaluable legal advice and representation. Whether it’s a workplace accident, a car accident, or a case of permanent disability or partial disability, experienced injury lawyers from Schwartzapfel Lawyers are equipped to handle your case.

 

Understanding Disability Benefits And Medical Treatment

 

If you are an injured worker, understanding your entitlement to disability benefits and coverage for medical treatment is crucial. Knowledgeable workers’ comp lawyers can help you comprehend what medical benefits you’re eligible for under workers’ compensation insurance.

 

Workplace injuries can range from traumatic brain injuries (TBIs) to spinal cord injuries. Each type requires a specific approach in terms of legal strategy and medical care. It’s important to consult with a skilled work injury lawyer to ensure that all medical records are accounted for and that your case is handled effectively.

Who qualifies for workers’ compensation benefits?

People usually do not think about workers’ compensation benefits until they suffer a work-related injury. Essentially, workers’ compensation is a program that pays benefits to employees who have been injured on the job. Employees are entitled to receive benefits for medical expenses and lost income when they are unable to return to work. In exchange for this protection, employees agree not to sue their employers – though there are several exceptions to this rule.

 

In order to receive workers’ compensation benefits, two (2) criteria must be met:

 

Your Injury Must Be Work-Related Or In The Performance Of Work-Related Duties

If your injury or illness is work-related, chances are that you are covered. If, for instance, you hurt your back lifting something at work or while in the performance of job-related duties, this would be considered a work-related injury.

 

Sometimes, however, the relationship between your injury and your job may not be as clear-cut. Perhaps you were hurt on your way to work, at a company-sponsored picnic, or your injury developed over the course of time. In this situation, the relationship is not as clear, although workers’ compensation benefits may still be available.

 

You Must Be Classified As An Employee

To qualify for workers’ compensation benefits, you must be an employee of the company. It is important to note that not all workers are considered employees.

 

One example of this is with private contractors. It is important to note that it is not uncommon for employers to intentionally classify a worker as a private contractor, even when they are actually an employee. Under New York workers’ compensation law, even if you are paid with a 1099 tax form or “off the books,” you may still be considered an employee.

Will my employer be angry if I file for workers' compensation?

Most employers understand that accidents happen, and this is why they carry workers’ compensation insurance. Still, many employers try to prevent you from filing a claim for workers’ compensation benefits. If this occurs, call us immediately — it is against the law to retaliate against an employee for filing a workers’ compensation claim.

How do you know if you are eligible for workers' compensation?

When most people think of workers’ compensation, they think about on-the-job accidents. This might include slip and fall injuries, injuries related to equipment or machinery, or car accidents that occur while making a delivery for your employer. While these injuries are all covered by workers’ compensation, workers’ compensation law in New York also protects against occupational diseases and repetitive stress injuries.

 

Occupational diseases like lung disease may occur after long-term exposure to dangerous substances like silica or asbestos; also, a loss of hearing from daily exposure to loud noises in your work environment may qualify as an occupational disease.

 

Repetitive injuries can occur when workers perform the same task day in and day out; common repetitive stress injuries include carpal tunnel syndrome, as well as chronic back, shoulder, or knee problems that occur from many years of doing the same job. These chronic injuries can cause a lot of pain and prevent you from doing your job.

How do I file for workers’ compensation?

You should complete your employer’s written accident or incident report as a follow-up to any verbal notification of your injury. Keep a copy for your records. Your employer is responsible for filing a Form C-2 with the Board; request a copy of this, too.

 

If you belong to a Union, you should notify your Union representative immediately. In the event your claim is due to an occupational illness, notify your employer as soon as your doctor tells you your injury is likely work-related. In addition to notifying your employer, you must file a C-3 Employee’s Claim Form with the New York State Workers’ Compensation Board.

 

By law, you have up to two (2) years to file this form; however, we recommend you do so immediately to ensure your rights are protected. The form can be found online at www.wcb.ny.gov.

Does it matter who is at fault?​

Workers’ compensation is a no-fault system. This means that even if your actions caused the injury, you are still entitled to workers’ compensation benefits. As an example, if you were not paying attention and fell at work or while in the performance of job-related duties, you would be covered. You would be entitled to payment of your medical bills and benefits to cover your lost wages.

 

There are specific instances under which you would not receive coverage, including cases where your employer can prove you deliberately caused your injury or where the injury was caused solely by your use of drugs or alcohol.

 

For a free case evaluation about your injury claim and so much more, contact Schwartzapfel Lawyers’ law group today online or call us at 516-342-2200. It would be our honor and privilege to fight — and win! — for you.

When I got hurt, Schwartzapfel Laywers Rebuilt My Life.

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This iron worker is as tough as they come but injuries still happen. Scott found that out the hard way, then he had to call Schwartzapfel® because nobody had his back in his time of need. We got him the compensation he deserved.

– Scott Phillips

Just as a global pandemic was beginning to force shutdowns, Andrew’s career was taken from him in an auto accident. The team at Schwartzapfel® Lawyers stepped in and took care of everything. Andrew’s case was settled in just 14 months.

– Andrew Alcide

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Once he fell, shattered his wrist and blew out his back, his general contractor refused to help. He needed a team to fight for him. He needed Schwartzapfel® Lawyers.
– John Strika

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