steps to take to build a strong workers' compensation case
At Schwartzapfel® Lawyers, we recognize individuals’ challenges when dealing with workplace injuries and navigating the complexities of workers’ compensation claims. We empathize with the physical pain, financial burdens, and potential long-term consequences that accidents 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, secure the justice you deserve, and offer unwavering support during difficult times. Allow Schwartzapfel® Lawyers to be your trusted ally, leveraging our expertise and diligence to bring about the best possible outcome for your case.
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Do You Have Questions About Your
Workers' Compensation Case?
Did you report your accident to your employers?
At Schwartzapfel® Lawyers P.C., we understand how challenging it can be to deal with a construction site accident. The first thing you should do is 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 construction site accident 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. When you report the accident, be as detailed and accurate as possible. This will help your construction site accident attorney at Schwartzapfel® Lawyers P.C. 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. Don’t worry; 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 construction site accident attorney, 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 P.C. by your side, you can focus on getting better while we take care of the legal stuff.
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Schwartzapfel® Lawyers P.C. has earned a reputation for relentlessly pursuing our clients’ rights. We protect the people, not the powerful.
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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 deserve.
Remember, your health and well-being comes first. As a leading construction site accident attorney, we’re here to help you navigate the workers’ compensation process. Trust Schwartzapfel® Lawyers P.C. to be your advocate, while you focus on healing and getting back on your feet.
Do you need help securing workers' compensation?
You don’t have to go through this alone. Our team at Schwartzapfel® Lawyers P.C. is here to support you. We’re experts when it comes to workers’ compensation and construction site accident cases. We know all the legal stuff, and we can use that knowledge to help you get the best outcome for your case. With our experience and skills, we can make sure you get the compensation you deserve. So, don’t wait any longer – reach out to us and let’s get started on making things right for you.
Workers' Compensation FAQs
If you’ve been injured on the job and are 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 an 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 would be:
- Your work-related injury is relatively minor.
- Your employer acknowledges that the injury occurred at work.
- 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, P.C. are able to walk you through the claims process, alert you to potential snags and give you an honest opinion as to whether or not you can handle the claim on your own.
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 criteria must be met:
Your Injury Must be Work Related
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 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
In order 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.
Most employers understand that accidents happen and this is why they carry workers’ compensation insurance. Still, many employers will 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.
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.
Do not Avoid Your Doctor’s Visit
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 will 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 will 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.
Most important, if you suffer from any of the injuries we discussed above – including occupational diseases, repetitive injuries, or chronic back, knee or shoulder pain – ask your doctor if these injuries could be or are work-related. If the answer is yes, you may be entitled to workers’ compensation benefits.
You should complete your employer’s written accident 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 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.
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, you would be covered. You would be entitled to payment of your medical expense 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.
When I got hurt, Schwartzapfel Laywers Rebuilt My Life.
Loyal for years in a New York union, Craig McKee worked hard to provide for his family. Once he was injured, his union turned their backs on him and he had to fight for what is right.
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