Ask The Lawyer Radio Show with Attorney Brian Figeroux
Ask the Lawyer with Brian Figeroux, Esq. You have questions, we have answers, on Immigration & Matrimonial Law, Wills, Estate & Trusts, Civil Rights, Personal Injury, Bankruptcy, Taxation, Landlord & Tenant, Workers’ Compensation, Social Security Disability and Real Estate Transactions. We bring you the latest updates on the law and community issues.
When do most people seek a Workers’ Compensation Attorney in New York?
Most seek an attorney when their claims are denied or are receiving improper treatment for their injury. New York requires most employers to carry workers’ compensation insurance coverage, including most employers of domestic and agricultural workers. Listen to learn more.
Workers’ Compensation for Uber and Lyft Drivers
Good news for Uber and Lyft drivers! On December 20, 2019, New York State mandated Workers’ Compensation coverage for all Uber and Lyft drivers injured in the course of providing a prearranged trip to a customer. These drivers were deemed to be employees of the New York Black Car Operators’ Injury Compensation Fund. Listen to learn more.
COVID 19 and Workers’ Compensation in New York
People are naturally concerned about what might happen if they contract COVID-19 at work, and what compensation would they be entitled to in such a case. With COVID-19, the issue is burden of proof. To be eligible for Workers’ Compensation benefits, an employee must be able to demonstrate that they contracted the virus at work (including offsite “on the clock” activity). Listen to learn more.
When do most people seek a Worker’s Compensation Attorney in New York?
Most seek an attorney when their claims are denied or are receiving improper treatment for their injury. Some of the other reasons that you may choose to work with a lawyer include:
•The injury happened at work, but a third-party vendor rather than your employer is responsible.
•A defective product caused your injury, making you potentially eligible to file a claim for product liability against its manufacturer.
•You’re the victim of toxic exposure such as asbestos.
•Your employer knowingly violated the law and required employees to work in unsafe conditions.
•You work for a very small employer that doesn’t carry workers’ compensation insurance.
New York requires most employers to carry workers’ compensation insurance coverage, including most employers of domestic and agricultural workers. Additionally, Congress allotted special funds to provide for workers’ compensation benefits to volunteers who assisted with the World Trade Center rescue, recovery, and clean-up efforts. Claims for mental injuries are rarely compensable, but so long as a physical injury or occupational disease arose during the course of employment, benefits are likely to be awarded. Claims for benefits due to disability from hearing loss must be filed either within two years of the date of injury or, if two years have passed, within 90 days after you realized that your hearing loss is due to your employment.
Employees injured in work-related accidents or who suffer from occupational diseases may be entitled to wage replacement benefits, medical treatment, and/or vocational rehabilitation. Wage benefits are based on two-thirds of your average weekly income. New York workers’ compensation law does not require your employer to keep your job open for you, but in some cases the Federal Family and Medical Leave Act (FMLA) will apply. If the FMLA applies, your employer must keep your job open for you.
In New York, employers must also carry disability benefits coverage to protect employers and employees from the financial hardships caused by off-the-job injuries, including pregnancy. Disability benefits may be paid for a maximum of 26 weeks and are cash-wage replacement payments. Reimbursement for medical care is not included.
If your claim is denied, you may request a hearing before a workers’ compensation law judge. At the hearing, you or your attorney will have the opportunity to present evidence which supports your position. This evidence might include testimony from your physician proving the extent of your disability or documentation proving your average weekly wages. New York protects you and any employee who testifies on your behalf from employer retaliation. Once the judge issues a decision, either you, or your employer, may appeal the decision within 30 days. At any time, you may use alternative dispute resolution in the form of Voluntary Binding Review (VBR).
Workers’ Compensation Claim Denied? Talk to a New York Lawyer Today
Accidental injuries can result in stack of medical bills, lost time from work, and other financial hardships. Fortunately, New York has multiple programs in place to protect both you and your employer from the financial ramifications of accidental injuries. Whether your accidental injury occurred in the scope of your employment or outside of the office, if you’re in need of skilled legal assistance, an experienced New York employment attorney, Figeroux & Associates, can help. Worker accidents, injuries and illnesses can be debilitating and they take many forms:
•Uber & Lyft
•Hospital Workplace Injuries
•Repetitive Stress Injuries
•Work-Related Car Accidents
•Tunnel Worker Silicosis
•Harmful Exposure Diseases
•Utility Worker Asbestos
•Heavy Lifting Injuries
•Hearing and Vision Loss
•Exposure To Chemicals Or Fumes
For Many Years We Have Been Going to Bat for New Yorkers Who Were Hurt at Work
It doesn’t matter where you are in your workers compensation process: whether you just suffered an on-the-job neck injury yesterday, have been enduring work-related mesothelioma for years or are unsure of how to deal with a denied workers’ compensation claim. Even if you only suspect your pain or illness is from a job accident, a continuous motion work task or perhaps one of many harmful exposure diseases that workers can get, call New York Workers Compensation lawyers Figeroux & Associates today. We will conduct a free evaluation of your worker injury and advise you as to the best plan of action, both legally and medically.
Call a Competent Workers Compensation Law Firm to Help with Your Benefits
Our goal is to work as hard as we can on your behalf, so you can look forward to physical and financial recovery and get your life back. We also know that New Yorkers are loyal employees who don’t want to complain, particularly if they’ve been working for the same employer for a long while or their boss is a friend or family member. But remember that your employer expects injuries to occur sometimes and wants you to get better, especially if you have a family to support. Workers compensation insurance coverage is part of owning a business and it exists to help people just like you.
Are You a Union Member, City Worker or State Employee? We Know Labor and Civil Service Law Inside Out
We are also extremely experienced in representing union members who have suffered workplace injuries, as well as injured civil servants, state and city/municipal employees. When you’re involved in a third-party workplace injury, in which a non-job-related factor is involved, recognizing a workers compensation claim can be even more complex.
If you were injured at work, call Figeroux & Associates today or contact us online for a free evaluation. There is no obligation and every discussion is personalized and confidential. Hard-working New Yorkers have been counting on us for a long time to fight for their rights and you can too. Call us today-we’re the knowledgeable, fearless New York personal injury legal team you want on your side.
Set up your free evaluation with us today or refer a client!