New York Workers’ Compensation Attorneys

If you’ve been hurt in a work-related accident, you are not alone – an American worker is injured on the job every 7 seconds, according to the National Safety Council. Workplace accidents can have a devastating impact on an employee’s life. Workers may suffer severe injuries such as concussions, herniated discs, broken bones, nerve damage, and more. In the aftermath of a serious accident, it’s important to speak with a Workers’ Compensation Attorney to better understand your legal rights.

The majority of workers in New York are eligible to recover money via workers’ compensation insurance. There are only a few broad conditions which must be met for injured workers to collect benefits:

• Your injury occurred while you were performing your work duties
• You are a part- or full-time employee of your company, rather than an independent contractor or freelancer
• You notify your employer of your injuries within 30 days of your accident
• You file a claim with the Workers’ Comp board within 2 years of your accident
• A medical report finds your injury or illness to be related to your work activities

Workers’ compensation is a no-fault system, meaning that the money which you are entitled to is not impacted by who is at fault for the accident. As a result, you can be entirely at fault for your work-related accident and still be eligible for workers compensation benefits. This is something that is frequently confusing for workers. For example, a worker is injured and their company generates an incident report, following protocol. Except, the incident report places blame squarely on the shoulders of the injured worker. Many employees, when seeing this report, assume they are not entitled to Workers’ Compensation. An injured worker is entitled to recover lost wages and have their work-related medical care paid for. You should have no fear of retaliation from your employer for filing for workers’ compensation in the wake of an on-the-job injury. Still, it has been our experience that intimidation and threats of retaliation often accompany a work-related injury. Workers fear that they may be fired or that, when they return to work, their standing in their company will be dramatically different if they pursue a Workers’ Compensation claim. Because of this, injured workers need to have an experienced and respected team by their side to fight for and protect them.

Block O’Toole & Murphy offers free legal consultations to injured workers in New York. Call 212-736-5300 or fill out our Contact Form to discuss your case with a qualified attorney today

TABLE OF CONTENTS

1. How Much Money Am I Eligible to Receive?
2. Additional Compensation via Third Party Work Injury Claims
3. What Injuries are Covered by Workers Compensation?
4. Contact a Workplace Accident Lawyer Today

How Much Money Am I Eligible to Receive?

The amount of money which you are eligible to recover under workers’ compensation is determined by how much you were making before your injury, as well as the severity of your injuries. You can receive two-thirds of your average weekly wage multiplied by your percentage of disability. For example, if you were making $600 a week and are found to be 100% disabled, you would receive $400 a week. If you are found to be 50% disabled, you would receive $200. .

If you are injured in a debilitating manner that allows you to work but leaves you unable to earn the same wage you were earning before, you may be eligible for Reduced Earnings Benefits, which will help make up two-thirds of the difference.

Workers should note, however, that there is a hard limit on the cash benefits which you are able to receive from workers’ compensation. As of July 2022, the maximum weekly benefit rate for workers’ compensation insurance in New York is $1,125.46.

As lawyers, we are frequently consulted about how the degree of disability is determined. Physicians retained by the Workers Compensation Insurance carrier are authorized to examine injured workers and issue reports. These reports are mostly issued by fair-minded professionals who reach their conclusions without allowing outside influences to interfere with their opinions. However, there are certain physicians who rely on the income from workers compensation insurance companies and thus shape their disability determinations based on that interest. Meaning, these doctors are loyal to the insurance company and the income they provide and reach conclusions that favor the insurance company despite overwhelming evidence to the contrary. Some of these physicians were called out in a revealing New York Times Investigative Report which was published in 2009. The Times report demonstrated that many doctors were conducting cursory examinations, asking few questions, reviewing almost no records, and barely examining a patient, and then summarily declaring them able to return to work, despite their injury. Their motivation, according to many, is to continue their relationship with the insurance companies, which necessitates the practice of declaring all patients they examine as being fit to return to work.

These exams are called “Independent Medical Exams” but they are often hardly independent. If a doctor’s opinion that you, as an injured worker, are able to return to work then your Workers Compensation benefits may be terminated. This is why having a fierce advocate by your side – a lawyer who is familiar with the inadequacies of the workers compensation system by your side – is critical.

Additional Compensation via Third Party Work Injury Claims

Workers whose injuries were caused by a third party may be able to seek additional compensation by filing a personal injury lawsuit. A third-party eligible to be sued in lawsuit may include a general contractor, a subcontractor, a manufacturer whose equipment failed at a pivotal moment, or a driver who rear-ends you while you are on the road for your job. With very few exceptions, workers cannot sue their employer for on-the-job injuries. To be clear, an injured worker may maintain, both, a Workers’ Compensation case and a Third-Party lawsuit. They are separate but related claims which are adjudicated in different courts. An injured worker needs to have an attorney who is comfortable navigating both areas of law so that you can recover the most amount in your third-party lawsuit while also being protected in your Workers’ Compensation claim.

The attorneys at Block O’Toole & Murphy have litigated numerous work accident cases and are well-known for their legal expertise in New York Labor Laws. A number of our attorneys have been quoted in various media outlets, including New York Times, New York Post, Crain’s New York, and New York Law Journal. Our lawyers are fierce advocates for worker rights and have published articles in top legal publications. Select articles include:

• Still Debating What ‘Falls’ Within Labor Law Section 240(1), New York Law Journal.
• Court of Appeals Refuses to Limit Scope of Labor Law Section 240(1), New York Law Journal.
• Labor Law Symposium, Bill of Particulars.

What Injuries are Covered by Workers Compensation?

Block O’Toole & Murphy represents victims who have been injured in all types of third party work-related injury cases, including but not limited to:

• Construction Accidents
• Ladder Falls
• Elevator Accidents
• Slips, Trips and Falls
• Scaffold Accidents
• Heavy Machinery Accidents
• Electric Shocks
• Auto Accidents

Injuries which result from these types of accidents can be wide-ranging and debilitating. Following an on-the-job accident, you should take careful note of where you are feeling pain, and if the injury seems to be cascading, or affecting new areas that weren’t initially painful. Injuries you should be on the lookout for include:

• Back pain, particularly in the Lumbar (lower) or Cervical (upper and neck) regions of the spine
• Foot or heel pain
• Leg or hip pain
• Tingling or numbness in your hands, arms, legs or feet
• Injuries which have caused you to change your gait, or walking pattern
• Injuries which affect your ability to lift your arms or perform household work

Block O’Toole & Murphy has a national reputation for its excellence in handling serious personal injury cases. We also have been privileged to assist our clients with their Workers Compensation cases, enlisting some of the best Workers Compensation attorneys in the state to help our clients through this often-complicated process. To date, our attorneys have recovered multi-million dollar verdicts and settlements in countless work accident cases. Results include a $12 million settlement for a tunnel worker who fell at a Manhattan construction site and a $10.8 million settlement for a worker who suffered serious internal injuries after an on-the-job accident in Brooklyn, New York. Whether you qualify for workers’ compensation benefits, additional compensation via a personal injury lawsuit, or both, our attorneys are here to help guide you through the legal process.

Contact a Workplace Accident Lawyer Today

In 2021 alone, 247 workers in New York State were killed on the job, and more than 119,000 sustained injuries severe enough to interfere with work. Our attorneys are extremely passionate about helping workers recover the maximum compensation that they are entitled to under the law. If you’ve been hurt on the job, we offer free legal consultations. Speak with a Block O’Toole & Murphy attorney today: 212-736-5300 .

Serving all New York State, including the Bronx, Queens, Brooklyn, Manhattan, Long Island, Buffalo, Syracuse, Rochester, and New Rochelle.