Yonkers & Westchester County NY Workers’ Compensation Attorneys
Advocating for employees injured on the job
If you were injured in the workplace, you are probably wondering what your next steps should be. Should you tell your supervisor? Should you file a workers’ compensation claim? Will you lose your job? At Ball & Ferrari, P.C., our New York workers’ compensation attorneys skillfully help you navigate this confusing process.
Workers’ compensation in New York: An overview
In New York, employers are generally required to purchase workers’ compensation insurance. Workers’ compensation insurance provides coverage for employees who are injured on the job . It both provides coverage to injured employees and protects the business from suffering financial losses.
Workers’ compensation insurance is a type of no-fault coverage. This means that it does not matter if the employer or the employee was negligent when the injury occurred—coverage is provided.
In exchange for workers’ compensation benefits, injured employees are unable to sue their employers for their injuries. However, if a third party is at least partially responsible for the employee’s injuries, the employee may be able to pursue a civil claim against that third party. Our workers’ compensation attorneys assist in identifying all possible defendants in an injury claim and determining how to pursue legal action against those defendants.
If an injured employee prevails in a workers’ compensation claim, the employee may be entitled to several different types of benefits, including:
Compensation equivalent to 2/3 of the injured employee’s weekly salary
Medical treatment (paid for by the workers’ compensation insurance company)
Reduced earning compensation, if the employee is no longer able to work in the same capacity
Compensation for certain types of injuries, such as losing a body part
Other types of damages may also be available, depending on the nature of the claim.
How long do I have to file a workers’ compensation claim?
As with all legal claims, there are deadlines in place that limit how long you have to seek compensation for a work-related injury.
You are required to notify your supervisor as soon as possible after you are injured, and you must do so within 30 days of your injury. A formal claim must be filed within two years of the injury. It may take months to complete treatment and compile medical records, so it is important to file a claim as soon as you are able. If you miss the deadline, you may be barred from recovering compensation.
Do I have to go to court in my workers’ compensation claim?
In general, you do not have to go to court in your workers’ compensation claim. In some cases, you may have to attend a hearing. If you must attend a hearing or other legal proceeding, our workers’ compensation attorney ensures you are thoroughly prepared.
If you or a loved one was injured on the job, call today for a free consultation
At Ball & Ferrari, our attorneys are experienced in all types of workers’ compensation claims and serve clients throughout Westchester County. We aggressively pursue all avenues of recovery to ensure you receive the money you deserve. To schedule a free consultation, call (914) 779-2600 or contact us online.