Introduction to the Workers Compensation Law
Workers compensation is insurance that provides cash benefits and/or medical care for workers who are injured on the job or become ill as a direct result of their job.
Employers pay for this insurance, and shall not require the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are paid by the employer's insurance carrier, as directed by the Workers' Compensation Board. The Workers' Compensation Board is a state agency that processes the claims. If Board intervention is necessary, it will determine whether that insurer will reimburse for cash benefits and/or medical care, and the amounts payable.
In a workers' compensation case, no one party is determined to be at fault. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer's fault. However, a worker loses his/her right to workers compensation if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else.
A claim is paid if the employer or insurance carrier agrees that the injury or illness is work-related. If the employer or insurance carrier disputes the claim, no cash benefits are paid until the workers' compensation law judge decides who is right. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not job-related, he or she may be eligible for disability benefits in the meantime. Any payments made under the Disability Program, however, will be subtracted from future workers' compensation awards.
Being thorough in the time preceding a workers compensation case is an important aspect. To help strengthen your claim, you can document your injuries and describe in detail how they effect your day-to-day life. Every note, whether big or small, can go a long way in helping your workers compensation lawyer understand your specific case. Oftentimes, these compensation claims come down to the minutiae. So be specific and attempt to remember any details to help your lawyer better understand your case.
If you can return to work but your injury prevents you from earning the same wages you once did, you may be entitled to a benefit that will make up two-thirds of the difference. You may also return to work in light or alternate duty before you are fully healed. These are specifics you can discuss with your lawyer when the time comes.
If you were injured on the job and are looking for a workers compensation lawyer on Long Island, look no further. We have offices across Suffolk and Nassau County and can provide you with a quality workers compensation lawyer to fit your requirements. This could be for a new claim or for a previously denied workers' compensation claim. Our staff of expert lawyers will work diligently and effectively en route to your receiving the compensation you so rightly deserve.
Each compensation case is different and comes with its own set of circumstances and obstacles. That is why you need the best lawyer for your money. Call us today for a free consultation. You can contact us at any one of our four offices located in Suffolk County (Patchogue, Riverhead, Melville) or Nassau County (Garden City). We have an excellent customer service record and we pride ourselves on the quality of our work.