What is Workers Compensation?

Workers’ Compensation Lawyers in Suffolk & Nassau County

With Offices in Riverhead, Melville, Garden City, & Patchogue

Have you been injured on the job and are searching for a Nassau or Suffolk County Workers' Compensation attorney and need help? If so, call us today! We conveniently have offices located across Long Island. We can discuss with you everything you need to know about understanding the claims process for workers' compensation.

An employer may not charge employees for this coverage. An employee may not sue his employer for benefits. In workers’ compensation, neither the employer nor the employee is deemed at fault for the accident or injury. In some cases, however, where a third party is at fault for the injury, an additional lawsuit against that third party may be possible in addition to the claim.

If you have been injured in an accident on the job or have suffered an occupational injury or illness, you are entitled to benefits under the New York State Workmans' Compensation Law. These benefits include payment of doctor bills and cash payments to you for lost time from work or reduction in earnings due to your injury or illness.

You May Be Entitled To Benefits

If the claim is disputed by the insurance carrier or the self-insured employer, benefits are not payable pending a determination by the Workers' Compensation Board. This will involve hearings before an Administrative Law Judge who may consider testimony from the injured employee and/or employer, as well as medical witnesses. The Law Judge will then determine whether the claim is valid, and, if so, what benefits the injured employee is entitled to.

Even if the claim is not disputed, issues often arise as to an injured worker’s entitlement to benefits. These issues also are resolved by an Administrative Law Judge at hearings held at the New York State Workers' Compensation Board. The insurance carrier or the self-insured employer will have legal representation at these hearings. So should you.

Trusted Workers Comp Lawyers

The New York State Workers' Compensation Board is a state agency that oversees your claim. The Board determines the amount and type of benefits you will receive based upon your claim. The benefits are paid by your employer’s workers’ compensation insurance carrier. Each claim is different and must be handled on its own merits.

Consultations are free. There are never any out of pocket legal fees. Legal fees are awarded by the New York State Workmans' Compensation Board, and are deducted from any monetary awards made to the injured worker by that agency. If there are no such awards, the injured person is not liable for legal fees.

The workers’ compensation process can be complex, long and tedious. The insurance carrier works for your employer, not for you. The insurance company does not have your best interest at heart.

The Law Firm of Gilbert, Blaszcyk & Milburn has many years of experience as an attorney working both sides of this complex legal system. Let our expertise work for you to ensure that you receive those work injury benefits which you deserve.

Workers' Compensation History

While basic concepts for workers compensation had been present in the workforce for hundreds of years prior, it was not until the industrial revolution that a structure took form. Before then, factory workers from NYC and across the county would seek a competent workers comp lawyer with little success. And with so many employees working in hazardous conditions involving machinery and risky jobs, injuries became quite common. Railroads, factories with machines and bridges were just a few areas of the industrial era in which workers could fall, loose a finger or suffer a concussion.

Because these were new technologies to everyone, not all employees received proper training and proper safety precautions were not put into place. The safety measures and laws were not caught up. Not only were there immediate, physical injuries caused by heavy equipment, ailments which appeared later in someone's life were unknown at the time of employment. Respiratory problems may not become apparent until years after exposure to continuous toxic particles in the air. The Black Lung Benefits Act was a major step for workers compensation benefits, as it dealt with that sort of issue.

Years of Experience

Gilbert, Blaszcyk & Milburn have years of experience dealing with a wide variety of workers compensation cases, including maritime law. If you think you have a claim, call us today for a free consultation. If you have been injured on the job and would like more information on how a workers' compensation lawyer could help you please contact any one of our offices across Long Island. We have office located in Patchogue, Riverhead, Melville and Garden City and are a trusted source for providing you with a quality workers' compensation attorney. Even if your workers compensation claim has been denied, we may be able to help. What are you waiting for? Call us today.