The Workers’ Compensation Law
The Workers’ Compensation Law was enacted to protect the rights of workers injured on the job. Accurately competing forms and knowing the law is essential for obtaining maximum benefits on your claim. Incomplete forms or an inaccurate statement can seriously affect those benefits. Working with knowledgeable and experienced attorneys can ensure the best results.
An attorney who is well-versed in Workers’ Compensation Law can help you with your claim. The Taub Law Firm, P.C. (directly or through a network of attorneys) can assist you with such legal services.
Social Security Disability Benefits
If you are ill or disabled, you may be eligible for Social Security Disability benefits prior to full retirement age. This is in addition to any Workers’ Compensation or other benefits you may have received or currently receive. You need earnings five out of ten years prior to becoming disabled unless you are under 31 years of age, and you must be out of work for at least 12 twelve continuous months.
An application for benefits can be filed when you cease to work. Your disability can be work-related or non work-related. Disability can be based upon physical or emotional impairments, or the multiple effects of physical and emotional conditions. All injuries, illnesses, conditions, diseases, and impairments must be viewed together in determining eligibility for Social Security Disability.
Are You Familiar With These Terms?
ACCIDENT – any worker suffering a job related accident, injury, or disability, may be entitled to Workers’ Compensation Benefits.
AGGRAVATION – A worker who aggravated a pre-existing physical or mental condition at work may be entitled to Workers’ Compensation Benefits.
ATTORNEYS’ FEES – Attorneys accept Workers’ Compensation cases on a contingent fee basis. You pay a legal fee only once your case has been won and you are receiving benefits.
BACK INJURIES – Back injuries are the most common type of Workers’ Compensation injuries. Benefits may be payable, even if you have had prior industrial or non-industrial back injuries.
BENEFITS – Benefits can include weekly payments, medical and hospital bills, scheduled loss, payments for scarring, rehabilitation, retraining, travel expenses, and other benefits.
CANCER – Cancer resulting from job-related exposure can be compensable. Both the worker and his or her surviving spouse and children may be entitled to benefits. Experts estimate that job related exposure may result in 90,000 deaths nationally (President’s Report on Occupational Safety and Health).
CAUSAL RELATIONSHIP – Causality is the relationship of a pathology or diagnosis to the work activity or injury that caused the condition. In Workers’ Compensation, causality may exist on a direct or an indirect basis.
COVERED EMPLOYMENT – Workers’ Compensation Law normally covers most activities performed within the course of one’s employment. When injuries or death occur as a result of these activities, the claimant will normally qualify for benefits.
DEPENDENCY – The surviving spouse and /or children of an injured or deceased worker may be entitled to dependency benefits.
Contact our office at (646) 484-5020 for an evaluation of your circumstances.
DISABILITY BENEFITS – New York State Disability Benefits are provided to injured or disabled workers who are totally disabled and have either a non work-related condition or a work-related condition that is being disputed.
DISFIGUREMENT – A worker who is scarred as a result of a work-related accident may be entitled to Workers’ Compensation Benefits for his or her scars.
EMOTIONAL STRESS – Workers whose emotional health has been adversely affected by on-the-job stress may be entitled to Workers’ Compensation Benefits.
HEARINGS – The Workers’ Compensation Board provides a forum, known as a hearing, in which the claimant’s case is discussed and decisions pertaining to the claim are made. An impartial Administrative Law Judge listens to both the claimant and the insurance carrier, and determines various aspects of the claimant’s case. Sometimes doctors and other experts will be called upon to appear at a hearing to testify. Most hearings are brief and informal.
HEART ATTACKS – Workers suffering heart attacks on the job or as a result of the job may be entitled to Workers’ Compensation Benefits.
MENTAL CONDITIONS – Workers whose jobs have either caused, precipitated, or aggravated a mental condition may be entitled to Workers’ Compensation Benefits.
NEGLIGENCE – In a Workers’ Compensation case, the fault of either the employer or the employee is generally irrelevant. If someone other than the employer causes the injury, then a negligence case may be brought against this third party.
OCCUPATIONAL DISEASES – Workers or their heirs who suffer from occupational diseases may be entitled to Workers’ Compensation Benefits. Frequently, symptoms do not show up for many years.
SCHEDULED LOSS – Workers suffering an amputation, loss of use or loss of a bodily function, or scarring may be entitled to Workers’ Compensation Benefits.
THIRD PARTY ACTIONS – Workers injured as a result of the negligence of a third party (any person or company other than the employer) may be entitled to sue for full tort damages in addition to Workers’ Compensation Benefits. These tort damages can include payment for medical expenses, pain, and suffering, lost wages, lost earning capacity, permanent and partial disability, and loss of enjoyment of life.
TREATMENT – You are entitled to be treated by a medical doctor or chiropractor of your choice at the Workers’ Compensation insurance carrier’s expense. In a Workers’ Compensation case, the fault of either the employer or the employee is generally irrelevant. If someone other than the employer causes the injury, then a negligence case may be brought against this third party.
Contact The Taub Law Firm, P.C. today for a free consultation regarding workers’ compensation.