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Top New Rochelle, NY Workers' Compensation Lawyers

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Injured at work? Don’t handle your claim alone

Get help from a skilled New Rochelle workers’ comp lawyer 

New Rochelle is a city that has seen significant growth and development over the years. While it may not be known for one single industry, several key sectors contribute to its prosperity. Among them are construction, social assistance, hospitality, retail trade, personal services, and education.

Whether you work in the office or on the construction site, workplace injuries are possible in any environment. Seek the help of an experienced workers’ compensation lawyer in the New Rochelle area if you sustained an injury on the job. They can assist you with filing your claim and advocate for full compensation on your behalf.

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

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In New Rochelle, NY, the most common types of workplace accidents and injuries include:

  • Slips, trips, and falls: These are often caused by wet or uneven surfaces, which can lead to minor or serious injuries.
  • Contact with objects and equipment: This includes injuries resulting from being struck by or against an object, or becoming caught in equipment. Such incidents are especially prevalent in industrial and construction settings.
  • Overexertion: These injuries occur due to excessive physical efforts such as lifting, pushing, or pulling objects. They can lead to muscle strains and sprains.
  • Exposure to harmful substances: Workers may be exposed to hazardous chemicals or environments, which can lead to illnesses or respiratory issues.

The process of pursuing workers’ compensation benefits begins with filing a claim. This can seem overwhelming due to its complexity and the uncertainty about subsequent actions or potential issues that could arise. Having an experienced New York workers’ compensation lawyer on your side can make this process much easier. See the steps outlined below.

Step #1: Notify your employer of your work injury or illness

The initial step involves notifying your employer about the injury in writing as soon as possible. In New York, you have 30 days to do this. This written notice should be comprehensive, including key details such as:

  • The exact date and time of the incident.
  • The specific location within the workplace where it occurred.
  • A clear description of the nature of your injury or illness.

This documentation serves as a record for your claim. It also ensures that the details are formally logged and that your employer is officially aware. Your employer will need to complete and submit Form C-2F to the Workers’ Compensation Board within 10 days of receiving notification of your work injury or illness.

Step #2: Get medical attention

See a qualified doctor promptly. You must also tell your doctor that your injury or illness was sustained within the scope of your employment.

It's important to receive a medical diagnosis that correlates directly with the specifics of your injury or illness to ensure that any medical treatment and documentation are relevant to your workers' compensation claim.

Your doctor must complete Form C-4 and submit it to the board within 48 hours. They must also make sure that you, your employer, and your employer’s insurance company get copies. Your doctor's records will serve as a key piece of evidence in your claim, helping to establish the connection between your employment and the medical condition.

Step #3: File your claim

When it’s time to file your claim, you’ll need to fill out Form C-3 and submit it to the New York Workers’ Compensation Board. While you have two years from the date of your injury or illness to file your claim, it’s best to do it as soon as possible to expedite your benefits.

The items you can expect to fill out include:

  • Your personal information
  • Details about your employer and your employment
  • Description of how the injury or illness occurred
  • Details about the type of injury or illness
  • Medical care information
  • Your work status
  • Wage information

To ensure that you complete Form C-3 accurately, consult with an attorney. They can walk you through the steps and help streamline the process.

Step #4: Wait for your claim’s approval

After you have submitted all necessary forms for a workers' compensation claim in New York, the next step involves a meticulous review by the Workers’ Compensation Board. The board will verify the legitimacy of your claim. This might require additional documentation and you may be summoned to a hearing to discuss the specifics of your case.

Following the board’s approval of your claim, the compensation payments are scheduled to commence within 18 days.

If your workers' compensation claim is denied in New York, you have the right to appeal the decision. First, you should understand the reasons for the denial, which will be detailed in the notice you receive. Common reasons for denial include disputes over whether the injury is work-related or if the claim was filed on time.

You can then file a formal request for a hearing with the New York Workers’ Compensation Board. This must be done within 30 days of receiving the denial notice. A hearing will be scheduled where you can present evidence and argue your case in front of an administrative law judge.

Gather all relevant medical records, witness statements, and any other evidence that supports your claim. During the hearing, both your attorney and the insurance carrier will present evidence, call witnesses, and make arguments regarding the claim.

After the hearing, the judge will issue a decision. If the decision is not in your favor, you can appeal to the Workers' Compensation Board's three-member panel. If the panel's decision is still unfavorable, further appeals can be made to the New York State Supreme Court.

If this sounds overwhelming, don’t worry. A New York workers’ compensation lawyer can inform you of your rights and represent you before the Workers’ Compensation Board. Their goal is to secure maximum compensation on your behalf, so you can focus on your recovery.

Not sure if you’re eligible for workers' compensation in New York. Here are some things to consider:

  • You must have met all of the filing requirements mentioned above within the required deadlines.
  • You must have sustained an injury or illness directly related to your job duties or work environment.
  • Your conduct at the time of your injury should not involve drug use, intoxication, or malicious behavior, as such actions can disqualify you from receiving benefits.
  • You must be an employee. While there are other options for independent contractors or freelancers, they’re not eligible for workers’ compensation in New York.

Your rights as an injured worker aren’t always clear. That’s why it’s important to speak to an experienced New Rochelle workers’ comp attorney. They can answer any questions you have and help you explore your options for obtaining compensation.

If you're pursuing a workers' compensation claim, the process can be complex and overwhelming. Having a skilled New Rochelle workers' compensation lawyer can increase your chances of a successful outcome.

It won’t cost any money upfront. New Rochelle workers’ comp attorneys work on a contingency fee basis, meaning you only pay if they win your case. Take the first step towards securing the benefits you deserve by scheduling a free consultation today. An attorney in New Rochelle will get back to you to discuss the next step in your claim.

Injured? Call Now
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