While filing for workers’ comp benefits seems simple, it can be a complex process when you are hurt and trying to recover. You don’t have to put additional worries on your plate when you hire a top-notch workers’ comp attorney. You need someone who is skilled in assessing your claim, injuries, and medical prognosis with the help of a network of experts.

At Tucker Lawyers PC, we offer the experience and skill of a Brooklyn workers’ compensation lawyer who puts the law to work for you. We collect evidence to strengthen your claim so you begin receiving payments as soon as possible.

Contact us for a free consultation to learn more.

Why You Should Choose Tucker Lawyers

Workers in every industry in Brooklyn have the right to a safe workplace. When they are injured on the job, they can turn to workers’ compensation insurance coverage, paid for by their employers, to cover medical bills and part of their weekly wages. However, successfully filing a claim and receiving these benefits can have some challenges.

Choosing the right workers’ compensation lawyer in Brooklyn can greatly affect how quickly you receive benefits. The right attorney can review your case and help you through the appeals process if anything is denied. We are dedicated to your emotional, physical, and financial well-being while you focus on getting better.

We’ve helped hundreds of employees by taking the burden of filing and managing their claims off their shoulders. Choosing Tucker Lawyers means you can understand the process from your first free consultation until you return to work or complete your case. We fight fiercely for the benefits and payments you deserve, and we won’t rest until you have what you need to recover.

Our Brooklyn Workers’ Compensation Lawyers Have the Experience Your Case Deserves

When you suffer a workplace injury, you don’t want to get medical help from someone who only knows a little. Likewise, you shouldn’t place your trust in the hands of someone who isn’t highly skilled at managing insurance claims. At Tucker Lawyers PC, we can handle your workers’ comp claim or third-party lawsuit by putting our strong background to work for you.

When you are severely injured and facing weeks out of work, a potential permanent disability, or financial distress, we are there for you. Our team offers:

Our law firm recognizes that you work hard to support yourself and your family. When you are hurt and unable to work, you need a fierce ally who will work to get you the resources you need, so you can get back to giving your best at work and in your personal life.

Can You File a New York Workers’ Compensation Claim?

New York State law requires employers operating within the state to provide workers’ compensation insurance to cover on-the-job injuries for full- and part-time employees. Benefits will pay for your medical bills and part of your lost wages while you heal, as long as you follow the reporting and other requirements.

You are eligible to file a claim under the following conditions:

  • Your employer has purchased workers’ compensation coverage.
  • Your job is one that is eligible for coverage under the law.
  • Your injury, illness, or disability is a direct result of something that occurred while you were on the job and performing its associated duties.
  • You provided written notice of the incident that caused your injury or illness either immediately after the event or within 30 days after it occurred.
  • You provide a record of your medical evaluation where the doctor affirms that your injury, disability, or illness was caused by an on-the-job accident or condition.

What to Do after a Work-Related Injury to Protect Your Workers’ Comp Benefits

There are critical steps you must complete to ensure your worker’s compensation claim will be approved. Without these actions, you risk having your benefits denied or reduced.

Get Medical Treatment Right Away

If your injury or illness is an emergency, you’ll probably be taken to a hospital for treatment. If it’s not, your employer will have a list of authorized hospitals, clinics, and doctors you can choose from for care. It’s important that you see someone from that list since they will be prepared to provide the necessary paperwork required by the workers’ compensation insurance company.

Report Your Injury or Illness to Your Employer Right Away

Don’t delay in telling your supervisor or manager that you’ve been hurt or become sick. Ideally, you’ll do this right away in person. Later, it’s helpful if you can write down what happened and include every detail. You are required by law to file a written account of the event within 30 days, or you may be disqualified for workers’ comp benefits.

Ensure Your Claim Forms Are Submitted

Your employer must submit all reports of workplace accidents to the workers’ comp insurance company and the state workers’ compensation board. However, they may fail to do so for any number of reasons. Since you don’t get paid if the claim isn’t submitted, it is in your best interest to follow up and make sure the paperwork is completed and filed on time.

Hire a Skilled Brooklyn Workers Comp Attorney

Don’t assume everything will work out for your claim without professional legal guidance. Investing your time in a free initial consultation with a qualified workers’ compensation attorney in Brooklyn can put your mind at ease and help you understand how to proceed.

Can You Receive Workers’ Comp If a Third Party Caused Your Injury?

In some cases, your injury may have been caused by subcontractors, vendors, product manufacturers, visitors, or outside drivers. Other at-fault parties could include security, maintenance, or equipment rental companies.

You may be eligible to file a third-party lawsuit to seek compensation from these liable entities in addition to receiving workers’ comp benefits. A work injury attorney can evaluate your case and determine if this option is available to you. 

How Brooklyn Workers’ Comp Benefits Are Determined

Your benefits will depend on the severity of your injuries, what you earned before your injury, and how disabled you are. New York breaks down workers’ compensation disability classifications as follows:

  • Temporary total disability: You have lost your earning capacity completely, but only for a short time.
  • Temporary partial disability: You have partially lost your ability to work temporarily. You may be eligible for light-duty work.
  • Permanent partial disability: You are partially disabled on a permanent basis, causing you to lose part of your capacity to work.
  • Permanent total disability: You are permanently unable to perform any work or earn a wage of any kind.

Your medical bills will be paid in their entirety for the duration of your recovery. Your wages will be paid according to your disability classification. Generally, you will receive income paid according to this formula: 2/3 x average weekly wage x % of disability = weekly benefit.

Your benefits will not start until after the first seven days of your injury. If your condition keeps you out of work for longer than 14 days, then your benefits will be backdated to the first day of your condition.

Workers’ Compensation Death Benefits

If an employee passes away from a work-related illness or injury, their surviving family members are eligible for death benefits under New York law. The spouse, children, parents, or estate can file a claim to recover funeral expenses, as well as compensation benefits.

When the deceased would have had the right to file a personal injury lawsuit against those who caused their injury, the family can seek financial relief from a wrongful death case against the liable parties. Tucker Lawyers will be by the side of your loved ones to ensure they secure a fair and appropriate settlement that provides comfort during their time of loss.

FAQs about New York Workers’ Comp Coverage

Here are some common questions our clients ask about workers’ compensation coverage in Brooklyn:

  • Can I be denied workers’ compensation if my employer carries it?

    Yes, if you didn’t report your injury or illness in writing when required or didn’t seek treatment. Repetitive strain injuries may take time to develop, and your employer may attempt to deny coverage. Independent contractors aren’t eligible for workers’ comp, either. If you have been turned down for benefits, contact Tucker Lawyers right away.

  • What can I do if I’m denied workers’ compensation benefits?

    If you’ve followed all the rules and are denied benefits, you can file an appeal. This is best done with the help of a workers’ comp attorney who can represent you during the appeals hearings and present evidence on your behalf.

  • Can I be fired for filing a workers’ compensation claim?

    Your employer cannot retaliate against you in any way for filing a claim. If you think you’ve been discriminated against for this reason, you can file a claim with the New York Workers’ Compensation Board within two years. An attorney from Tucker Lawyers can aid you with this process.

These may not be your only questions; our attorneys will discuss your specific concerns in your initial consult.

Contact a Brooklyn Workers’ Compensation Lawyer Today

You need all the help you can get when you’ve been injured on the job. Instead of going it alone, turn to a trusted Brooklyn workers’ compensation lawyer from Tucker Lawyers PC. We offer free consultations to get you started and stand by your side if problems arise.

Our team is ready to take your case and help you get the benefits you need and deserve. Don’t wait another minute to contact us online or by calling (516) 399-2364 to schedule your free case review today.

john tucker

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]

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