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Top Hempstead, NY Workers' Compensation Lawyers

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In Hempstead, one of the leading industries is education, supported by the presence of Hofstra University and Nassau Community College. Retail and healthcare also play significant roles in the local economy, with large shopping centers and medical facilities serving the community. Additionally, public administration and social services are important sectors.

Workplace injuries and health conditions can affect anyone in any industry. That’s why it’s important to seek the guidance of an experienced New York workers’ compensation lawyer who serves injured workers in Hempstead. Set up a free consultation to learn about your options for seeking compensation.

Learn more about how a Hempstead workers' comp attorney can help:

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In Hempstead, the most common types of workplace accidents and injuries leading to workers’ comp claims include:

  • Car and vehicle accidents: Workers whose roles involve driving are particularly at risk due to other driver’s negligence, inclement weather, or mechanical failures. Injuries from collisions can range from minor to severe and life-threatening.
  • Slips, trips, and falls: These accidents can happen in any work setting and might be caused by hazards such as wet floors, icy surfaces, or cluttered walkways. They often lead to severe injuries such as broken bones and head injuries.
  • Falls from heights: These accidents involve falls from roofs, ladders, or scaffolding. They’re often due to poor structural integrity or inadequate safety gear.
  • Electrocution: Workers can be electrocuted due to exposed wires or faulty electrical equipment. Those working near power lines or during maintenance of electrical systems are the most at risk.
  • Entanglement in machinery: This occurs in environments with heavy machinery, where workers’ clothing or limbs might get caught in gears or rollers. These accidents often cause severe injuries or amputations.
  • Burns: Workers in manufacturing, food services, and other industries might sustain burns from hot machinery, chemicals, or cooking equipment. These can range from minor first-degree burns to serious third-degree burns that require emergency care.

You must follow specific steps to file a successful workers’ compensation claim in New York. An experienced attorney can help guide you through the process and ensure that you don’t make any errors when completing your application.

The immediate aftermath

You should inform your employer about the accident, injury, or illness as soon as possible. While verbal notification is common immediately following an incident, a written notification is crucial for formal documentation. New York law requires that you report the incident to your employer in writing within 30 days of the accident or within 30 days of discovering an occupational illness.

When reporting your work accident, include the following details:

  • Date and time of the incident.
  • Location where the incident occurred.
  • A detailed description of the incident and how it happened.
  • Nature of the injury or illness.
  • Names of any witnesses, if applicable.

You should seek medical treatment for your injury as soon as possible. When receiving medical care, inform your doctor that the injury is work-related so they can file the necessary medical reports. Your healthcare provider needs to file a Preliminary Medical Report (Form C-4) with the Workers’ Compensation Board within 48 hours of your initial treatment and a more detailed follow-up within 15 days if ongoing treatment is necessary.

Filing your claim

Next, you’re required to fill out and submit Form C-3 to the Workers’ Compensation Board no later than two years from the date you became aware of your work injury or illness. It's important to fill out this form accurately to avoid any complications. Any errors on this form could result in your benefits getting delayed or denied.

When filling out Form C-3, you must provide comprehensive personal information, details about your employment, and the circumstances of your injury or illness. Key sections include:

  • Personal details such as your name, address, social security number, and contact information.
  • Employment information at the time of the injury, including employer name and address, your job title, and a description of your duties.
  • Detailed account of the incident—date, time, and how the injury or illness occurred.
  • Description of the injury or illness, specifying the parts of the body affected.
  • Information about the initial medical treatment and ongoing medical care.

The approval process

After the submission of all required documents by your employer and medical provider, the insurance company will conduct an investigation into the claim. This typically involves reviewing your medical records, the circumstances of your injury, and any relevant workplace safety reports or witness statements.

The insurer must either begin paying benefits or dispute the claim within 18 days after the employer receives notification of the claim or within 10 days after the carrier receives the claim, whichever is later.

If there are any disputes in your claim, further actions may be needed. For example, you may be required to undergo independent medical examinations to verify the extent of your injuries and confirm their work-related nature.

If your benefits get denied, you’ll need to carefully review the reasons for the denial. This may be due to missing a deadline, not providing documentation, or any discrepancies in the accident report or medical records.

You have the right to request an administrative hearing and appeal the denial. To do this, you must complete an Application for a Hearing (Form RFA-1) with the New York State Workers’ Compensation Board within 30 days of receiving the denial notice.

Be sure to gather as much relevant evidence as possible before the hearing. That includes medical records, new witness statements, and expert testimony about your job’s physical demands and how they relate to your injury.

When you attend the hearing, your attorney will argue on your behalf and present evidence in your favor. At the same time, your employer and their insurer will likely present their argument. After reviewing the evidence and testimonies, the judge will make a decision regarding your claim.

If the judge doesn’t rule in your favor, you have the option to further appeal the decision with the Workers’ Compensation Board Panel. This appeal must be filed within 30 days of the judge’s decision.

If you disagree with the Board Panel’s decision, you can take your appeal to the New York State Supreme Court, Appellate Division, Third Department. If the Appellate Division's decision is still unsatisfactory, you can appeal to the New York State Court of Appeals, which is the highest court in New York.

Eligibility for workers' compensation requires you to be classified as an employee rather than an independent contractor at the time of your injury. The distinction between these statuses can be confusing, especially in fields that commonly use gig workers or freelancers. If there's any uncertainty about your employment status, consult with your employer or seek legal advice.

Also, your injury or illness must be directly connected to your job duties. This includes incidents that happen while you perform tasks related to your job, both onsite and off-site.

It’s important to note that some behaviors can disqualify you from getting workers’ comp benefits. That includes filing a fraudulent claim, attending work while under the influence of drugs or alcohol, or engaging in activities that violate company policy or the law.

Pursuing a workers’ compensation claim can be challenging and confusing. Even the slightest error can lead to delays in your benefits. That’s why it’s important to get help from an experienced Hempstead workers’ compensation attorney who can offer guidance and legal advocacy.

You have nothing to lose and everything to gain by hiring an attorney. There are no upfront costs involved. Hempstead workers’ comp lawyers work on a contingency fee basis and only get paid if you’re fully compensated.

To start, take advantage of a free initial consultation. This gives you an opportunity to discuss the specifics of your case and understand the steps ahead, with no obligation. To get started, fill out the contact form below. A Hempstead lawyer will promptly follow up with you.

Injured? Call Now
Talk to a LAW.COM Premier Attorney today!

Free Evaluation

Tell us about your potential case.

By submitting you agree to our Terms & Privacy Policy.
Injured? Speak to a LAW.COM
Premier Attorney

1-866-828-0442 or Submit Your Case Form