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What should I do if I get injured at work?
File a written incident report with your employer immediately!
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Do I need a Lawyer?
We recommend that every injured worker obtain a free case review. Your case provides benefits for life. We can
help. We can advise you of your rights. We can protect your interest in the event of lost time from work, reduction in earning capacity and payment for medical bills.
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Do I pay the attorney?
There is no charge for a full case review. There is no charge if the insurance company pays you the full amount you are entitled to without a hearing. There is an attorney fee only if we represent you at a hearing and obtain an award from which the Judge can allow an attorney fee.
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Should I contact a lawyer even if I do not lose time from work?
Yes, even if you do not lose time from work, you may be entitled to a money award for loss of use of an appendage (finger, hand, elbow, shoulder, toe, foot, knee, hip, loss of hearing, loss of vision, facial scar). Even if you do not get an award, making sure your case is established provides protection you otherwise may not have.
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If I get a loss of use award, does that close my case forever?
No, an award for a percentage loss of use is not a settlement of your case. This payment is based upon your loss of use at the time of evaluation. You continue to be covered for medical bills for the rest of your life. At any time within 18 years from the date of accident, you can obtain a permanency evaluation or a re-evaluation in the event your condition worsens. All cases should be reviewed periodically!
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If I am unable to go back to work or make as much as I did before the accident, am I entitled to wage replacement?
Yes, in most cases permanent head, neck and back injuries (and serious appendage injuries) provide wage replacement if you make less money than you did before the accident.
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If I am injured at work, what medical bills are paid?
All medical bills caused by the work injury or injuries are covered for lifetime. Unless you make a full and final settlement of your case, your right to continued medical payments continues, in most cases.
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Can I sue my employer for negligence?
Usually not, but you may have a claim for damages against a negligent third party (other than your employer or a co-employee).
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Can I ever sue my employer for my injuries?
Yes, but only if your employer does not provide Workers' Compensation insurance or if your employer intentionally injures you.
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What do I do if the insurance company denies my case?
You should immediately contact a qualified attorney for legal representation. You also should make sure that a qualified medical doctor has filed reports supporting your claim so that a hearing can be arranged before a Workers' Compensation Judge without delay.
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If my case is denied, do I qualify for any benefit while my case is decided?
Yes, you may be entitled to short-term disability or unemployment insurance.
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Should I come to my Workers' Compensation hearings?
Usually yes but we can appear for you without your personal appearance if we have a phone number where you
can be reached in the event any question arises.
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If I do not attend a hearing, how will I know what decision is made?
You usually will receive a Notice of Decision from the Workers' Compensation Board within 2 weeks from the
hearing. We usually will send you a letter reporting the results of hearing. You usually can call our office the day following the hearing to obtain information on your case.
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Will my attorney help me get my medical bills paid?
Yes, we have a qualified staff to help obtain payment of medical bills including physicians, hospital and prescription reimbursement for our clients.
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Is the insurance company responsible for prescription medications caused by my work injury?
Yes, you can receive reimbursement for out-of-pocket expenses for prescribed medicine; the insurance company may give you a prescription card; or you may contact the Injured Workers Pharmacy who will send your medication directly to you by mail.
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How do I contact the Injured Workers Pharmacy?
You may contact the Injured Workers Pharmacy toll free at 1-888-321-7945.
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Why should I use the services of the Injured Workers Pharmacy?
The Injured Workers Pharmacy is an independent pharmacy that will send medication to you by mail. This will
avoid your having to travel to the pharmacy and, if necessary, they will help you obtain authorization for prescriptive medications. Unless the compensation carrier has contracted with a pharmacy that provides medication by mail or is reasonably accessible you are free to choose your own pharmacy.
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Am I entitled to travel expenses for medical treatment?
Yes, we can submit your mileage reimbursement request or follow up in the event of non-payment.
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If I receive Workers' Compensation, am I also entitled to unemployment insurance benefits if I am unable to return to my regular employment?
Usually, yes. If you are released to perform restricted work but your employer will not accommodate your restrictions, you should contact unemployment insurance to obtain supplemental benefits immediately.
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Am I able to receive vocational retraining after an injury?
Yes, you may be entitled to retraining through the New York State VESID office (Vocational Educational Retraining for Industrially Disabled).
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What additional rights do I have if I am injured in a motor vehicle accident at work?
Usually, no-fault insurance pays a supplemental payment between your Workers' Compensation and 80 percent of your anticipated wages and other benefits. In such case, you should file for no-fault benefits immediately.
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If I am permanently unable to return to work, am I also entitled to disability retirement benefits through my place of employment?
Yes, if you are unable to return to your past work, you may be entitled to long-term disability or disability retirement benefits provided privately through any insurance policy that you may have purchased or through your place of employment. You should contact all available sources of potential benefits to determine what benefits you may have.
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If I receive Workers' Compensation, am I also entitled to Social Security Disability benefits?
If you are unable to return to work for more than one year, you may be entitled to Social Security Disability benefits. You should contact our office for a free case evaluation with regard to any rights you may have in Social Security Disability benefits. We represent injured workers' for Social Security and SSI claims. See Section and FAQ's.
