WORKERS’ COMPENSATION LAWS

An Introduction to the Workers’ Compensation Laws

Gilbert, Blaszcyk & Milburn, LLP, provides exceptional service and experienced representation for workers' compensation cases across Long Island. We know what it takes to win cases and we will work with you every step of the way. Each compensation case is different. They each come with their own set of circumstances and obstacles, meaning there are different workers' compensation eligibility requirements. Due to our years of experience in the field, we have become a reliable name across New York and Long Island. We will help you better understand exactly what Workers' Compensation is and its effects on your job.

Work Injury — Patchogue, NY — Gilbert, Blaszcyk & Milburn, LLP

What Type of Insurance is Workers’ Compensation?

In a nutshell, 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.

Understanding Worker’s Compensation

When it comes to workers' compensation cases, no one party is determined to be at fault. The claimant receives an amount of money and compensation for their trials and tribulations. However, this amount is not dictated by his or her carelessness at work. And it is not increased if it is the fault of the employer. For example, if the worker is intoxicated from drugs or alcohol, then that is grounds for the worker to lose any compensation they may be entitled to from being injured at work. Another way a worker can lose their worker compensation rights is if there is an intent to injure him or herself, or a fellow co-worker. We have a strong grasp on the lettering of these laws and will help you get compensated fairly.

How is a Claim Paid?

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 Can Strengthen Your Claim

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 affect your day-to-day life. Every note 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.

Going Back to Work After a Work Injury

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. 

We can also provide representation in an upcoming or ongoing workers’ compensation case. Call us today for a free, no-obligation consultation at 631-447-6500.

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