Introduction to the Workers Compensation Law

Workers' Comp Representation Across New York

Gilbert, Blaszcyk & Milburn provides excellent 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. It is important to be properly represented by lawyers you could trust. Due to our years of experience in the field, we have become a reliable name across New York and Long Island. A quick phone call and you will receive a free consultation about how we can help your case. If you need representation from a workers compensation lawyer, we can discuss that as well. We will help you better understand exactly what Workers' Compensation is and how its effects on your job.

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.

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 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.

Long Island's Trusted Worker's Comp Lawyers

Denial of a work injury claim formIf 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 an attorney for your work injury 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. Check below to see the location nearest you:

  • Patchogue (631-447-6500)
  • Riverhead (631-208-9760)
  • Melville (631-421-4725)

You can contact us at any one of our three offices located in Suffolk County (Patchogue, Riverhead, Melville). This could be for a new claim or for a previously denied workers' compensation claim. We can also provide representation in an upcoming or ongoing case. Our staff of expert lawyers will work diligently and effectively en route to your receiving the compensation you so rightly deserve. So, call us today for a free consultation. We have an excellent customer service record and we pride ourselves on the quality of our work.

Quick Reference Pages

Check out some reference pages regarding workers compensation laws pertaining to those on Long Island, New York. And as always, please do not hesitate to reach out to us today for legal counsel and representation.

Types of injuries covered by workers' comp

Workers compensation eligibility requirements

Why you may need a workers compensation lawyer

Benefits available with workers' comp

Eligibility for workers compensation death benefits

Why was your claim denied?

Do you have pre-existing conditions?