Workers Comp FAQ

Workers Comp FAQ

1) If I am hurt at work, how do I file a claim?
Answer: If you are hurt at work, tell your employer, file a written incident report with employer, and then contact us to file your claim with workers' compensation board.
2) If I am hurt at work, what benefits am I entitled to?
Answer: The insurance company for your employer will pay your lost wages from work while you are disabled and unable to work. The insurance company will also pay for your medical treatment and out of pocket expenses. Every case is different, thus we suggest you speak with us about the specific benefit you are entitled to.
3) If I am hurt at work, do I need any attorney?
Answer: As benefits are payable by the insurance company for your employer, we suggest you obtain a case evaluation and retain an attorney. We will protect your interests and deal with the insurance company.
4) If I need an attorney, how do I pay my attorney?
Answer: Our office is only paid an attorney fee if we obtain a benefit the insurance company has not paid. All attorney's fees are approved by the judge assigned to your case. If you are paid in full, you are not charged a fee. We do not send anyone a bill.
5) Who pays my medical bills for my treatment?
Answer: The insurance company for your employer pays all of your medical bills as they relate to your injury and treatment received.
6) If I am hurt at work, am I able to sue my employer?
Answer: Generally, in New York State, you cannot sue your employer for an on the job injury. There are a few exceptions. Speak with us and we will tell you about those exceptions.
7) If I am hurt at work in a work related motor vehicle accident, am I able to start a lawsuit?
Answer: If you are injured in a car accident while you are working, the rules are different. You are entitled to file for workers' compensation and start a lawsuit against a negligent party so long as the negligent party does not work for your employer. This can be complicated. Contact us right away. Our firm will handle the lawsuit as well as your workers' compensation claim.
8) If I am hurt at work and disabled for an extended period of time, can I also file for Social Security Disability benefits?
Answer: Yes. You can collect workers' compensation benefits and Social Security Disability benefits at the same time. Each case is different. Call to discuss the details of your situation. We also suggest you go to the FAQ section for Social Security Disability benefits on this page.
9) Can I collect workers' compensation benefits and unemployment benefits at the same time?
Answer: If your doctor releases you to perform work with restrictions and you cannot return to work with those restrictions, we suggest you contact unemployment. This may supplement your workers' compensation benefit. Generally, if you are totally disabled and unable to work in any capacity, you will not be entitled to an unemployment benefit.
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