Workmans Compensation Rights

Workmans compensation, or worker's compensation, is a type of insurance program that insures employees for illnesses and injuries that come about at the workplace. This program is mandated by each state and each state establishes their own rules for when an employer must acquire such an insurance. Depending on these state rules, the injured employees receive a portion of their wages while they are off work due to an injury sustained on the job. The states also establish their own rate of workers' compensation when an employee loses a member, is permanently disabled or dies as a result of the work-related injury.

No-Fault Workmans Compensation

In its broadest sense, no-fault workmans compensation is exactly what it sounds like: meaning that the injured employee does not have to go the route of proving negligence in order to recover. The employee, in exchange, usually cannot sue the employer for his or her injuries. This is due to the parameters surrounding workers' compensation benefits.

This extends to injuries that happen while simply being employed and not actually getting injured on the job premises. This most typically extends to automobile accidents and the claimant can receive a portion of their salary while they are unable to go to work. In New York, No-Fault Insurance benefits can provide persons injured in a motor vehicle accident with up to 80% of their lost wages. This law makes sure people are not being punished just because they were involved in a car accident in the course of their employment. This process and handling is one of the many functions of our firm and our staff.

Benefits of Workmans Compensation

The benefits of receiving such coverage are numerous and the types of benefits available to an injured worker depends of the severity of the injury, state requirements and the benefits included as part of the insurance policy. Medical expenses and wage replacement are the most common benefits to be received for a workmans compensation program. However, it may also include vocational rehabilitation, compensation for permanent injuries and survivors' benefits.

Again, many of these issues come down to the state level, so having quality attorneys can go a long way for your wallet. Being out of work because you were injured should not mean financial hardships. You are entitled to comprehensive benefits as you recover and our team of quality lawyers are here to make sure you get the money you are deserved. We can provide you with the representation you need and deserve.

Statute of Limitations

The statute of limitation provides a time limit for which the plaintiff can bring a lawsuit to court without it being overruled. If the time limit that has been passed, a lawsuit for the injury by the plaintiff can never be brought up. There are a number of factors that go into the statute of limitations for workmans compensation and with the services of GB&M, you will be informed of every detail for your case. There are differences in various cases and examples. We will work to understand your situation and give you counseling that adheres to your specific situation.

Trusted Workers' Comp Lawyers Across Long Island 

Gilbert, Blaszcyk & Milburn have years of experience providing clients across Long Island and New York with trusted and reliable workers' compensation counseling. We have offices across Long Island, so you are surely near one of our firms. We are located in:

  • Patchogue
  • Riverhead
  • Melville 
  • Garden City

If you have any questions about workmans compensation and its laws or require representation, please contact us today. Call one of our offices today for a free consultation about our services and how we can help your specific case. We will provide you with an expert workmans comp lawyer, who can help you in a variety of aspects concerning your work injury or illness and the benefits you may or may not have received.