If you or a loved one have been injured in a workplace accident, you should know that any injured worker may be eligible to apply for workers’ compensation benefits. Moreover, if your claim is successful, the money and benefits you receive can help you cover your injury and/or accident-related expenses.
If you want to file a workers’ compensation claim, you may have questions about how much you can expect to receive, the extent of coverage you may be entitled to, and more. But because every situation is different, workers’ compensation payments vary on a case-by-case basis.
To help you understand how workers’ compensation works and what an injured worker may be eligible to receive, we suggest discussing your case and needs with a skilled lawyer to determine how much your workers’ compensation settlement may amount to.
What Does Workers’ Compensation Cover?
For a better idea of your workers’ compensation settlement payout, it is important to understand what can be covered under workers’ compensation insurance. Knowing what goes into a workers’ compensation settlement can help you assess your case for benefits you may be eligible to receive.
Generally, the more serious the accident is and the more extensive your injuries are as a result, the more you will likely receive in a settlement. However, several different factors go into calculating your workers’ compensation benefits. The following are the main items you can claim for benefits.
Medical and Healthcare Expenses
Most medical expenses related to injuries sustained due to work accidents can be claimed through New York State’s workers’ compensation insurance system. Here, medical coverage can include and may not be limited to:
- Medical treatments and/or procedures for your injuries.
- Prescribed medications and/or assistive devices (such as crutches or a wheelchair).
- Hospital stays and/or doctors’ visits.
- Rehabilitation and/or physical therapy.
- Transportation to and from doctors’ visits.
Along with medical expenses, you may also be eligible for additional compensation depending on the severity of your injuries. Situations in which extra compensation may be paid to a claimant typically include but are not limited to:
- If an injury leads to disability or long-term impairment.
- If an injury leads to short-term impairment (such as using crutches until healed).
- If an injury leads to long-term pain or discomfort.
- If an injury prevents the individual from partaking in normal activities or daily life.
Depending on your injury’s severity and the treatments you need after an accident, the amount of coverage you may be eligible for can vary.
After a workplace accident occurs, you must be immediately reviewed by a medical professional, as this helps ensure that your injuries are appropriately treated. Additionally, when you are evaluated by a qualified medical professional, a record of your injuries will be generated, which you will need when filing your claim.
A skilled lawyer is here to help gather the necessary documentation and evidence to maximize your settlement and help you determine the medical coverage you are eligible for. To speak with one of our seasoned workers’ compensation lawyers, callSchwartzapfel Lawyers today at 1-516-342-2200. Alternatively, you can schedule your free consultation and/or case evaluation by visiting us online now!
Lost Income and Wages
You may have to miss work while in treatment for your injuries. In such cases, your workers’ compensation benefits can help cover any lost income or wages you miss out on.
You might be eligible for lost wage benefits if you cannot work for (14) or more work days after an injury. However, you should know that you can only claim lost income benefits after the initial (14) days are up.
The minimum weekly payment for lost income benefits in New York is $150. In comparison, the maximum weekly payment is two-thirds of your average weekly income multiplied by the percentage of how disabled you are due to an injury. This is calculated based on a medical assessment of your condition.
The lost wage benefits you can receive depend on your wages, the extent of your injury, and whether or not you are impaired as a result. In many cases, you may not receive the full amount of money you would have made if you were working.
Note: If your employer pays you during your recovery, you will likely not be eligible for lost wage coverage through workers’ compensation.
To determine your eligibility for lost wage benefits and/or your weekly benefit amount, one of the dedicated workers’ comp attorneys at Schwartzapfel Lawyers can help. Call us now at 1-516-342-2200 or visit us online for more information.
Eligibility for Workers’ Compensation Benefits
Before receiving any workers’ compensation benefits, you must first be eligible for benefits. To ensure your eligibility, there are a few steps you should take. We’ve outlined these steps and what they entail below.
To file a workers’ compensation insurance claim, you must complete a claim form online or with a qualified lawyer. Also, you should notify your employer about the workplace accident and plan to file for workers’ compensation. Most employers must carry workers’ compensation in the event any of their workers are injured on the job.
Another important item to remember is the statute of limitations for workers’ compensation claims. You should prepare to file your claim within two (2) years of injury but must notify your employer within (30) days. While exceptions exist, it is always best to file any claim as early as possible.
To be eligible for any workers’ compensation benefits, even if you filed your claim correctly, you must fulfill the following qualifications:
- You are an employee of a company or business that carries workers’ compensation insurance or is required to carry workers’ compensation insurance.
- Your injury occurred in the workplace while performing work-related tasks or due to a workplace accident.
- You can provide medical documentation for your injuries.
When filing your claim, you must be able to provide information regarding the accident and your
injuries and your employer, job title, job description, and wages. The right lawyer can help ensure you have all the necessary documents before you file.
Determining your eligibility for coverage and having the right documents on hand can help strengthen your case and ensure the best results from your claim.
Hiring a qualified workers’ compensation lawyer can also make a difference in your case. To speak with a skilled attorney at no charge, contact Schwartzapfel Lawyers now by dialing 1-516-342-2200 or visiting us online today!
Workers’ Compensation Settlements
If you are eligible to receive workers’ compensation insurance after a workplace injury, you will likely be able to receive benefits after filing a workers’ compensation claim. Note: The amount of money you receive will largely depend on your injuries and the extent of an accident.
Next, while there is no true way to determine the exact settlement amount you will receive without consulting an experienced workers’ comp lawyer, you can assess which coverage(s) you are eligible for.
That said, you may not receive all your compensation in one lump sum settlement. Depending on your case, you may receive lost income benefits weekly after you are injured. You may also receive medical coverage while you are in treatment.
Workers’ compensation settlements can include reimbursements for lost wages and/or medical expenses that were not paid to you earlier or any compensation for disability or impairment. Note: While some people may be able to start receiving benefits right away, others may have to wait longer until their claim is processed.
With that all in mind, if you or a loved one have been injured in a workplace accident and want to maximize the money and benefits you receive through your workers’ compensation claim, the best thing you can do is hire the right lawyer as soon as possible.
At Schwartzapfel Lawyers, our skilled team of trial attorneys has the experience and qualifications to preserve your legal rights and see your case succeed. For help with your workers’ comp claim or for the answers to any questions you may have about workers’ compensation payouts, call us now at 1-516-342-2200.
But you shouldn’t wait, as your window to file a claim and recover the money and benefits you are entitled to may soon close forever. To keep that from happening, allow Schwartzapfel Lawyers the honor and privilege of fighting – and winning – for you.
Your financial future is worth protecting. Act now and call 1-516-342-2200 or visit us online to schedule your free consultation today!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!