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New York State Workers’ Compensation Frequently Asked Questions

The Dolce Panepinto team is here to help answer your New York State Workers’ Compensation questions!

The frequently asked questions below are designed to assist you in understanding your New York State Workers’ Compensation claim and are intended solely for informational purposes.

If you would like a free New York State Workers’ Compensation case evaluation from one of our attorneys, please contact us today at 716-852-1888.

The information on this website does not constitute legal advice and should not be relied upon without discussing the specific facts of your case with a qualified attorney.

 

  • What is a Workers’ Compensation claim?

    A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work related injury.

  • How do I know if I have a Workers’ Compensation claim?

    If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

  • How long do I have to file a Workers’ Compensation claim?

    You are required to report your injury to your employer within 30 days. There is also a two year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

  • Is a Workers’ Compensation claim my only recourse if I am hurt at work?

    In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

  • How much does a Workers’ Compensation Attorney cost?

    Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

  • Do I need an attorney?

    While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

  • Do I get paid for my lost time?

    You are eligible for lost time benefits that are causally related to your work related injury. There are some requirements that you must meet in order to be eligible for lost time payments. Our attorneys will help to make sure you meet those requirements and answer your questions to help you maximize the financial benefits available to you.

  • What medical benefits am I entitled to?

    Under the Workers’ Compensation Law, the insurance carrier is required to pay for “necessary and causally related medical treatment” for established sites of injury. The Workers’ Compensation Board has developed Medical Treatments Guidelines which outline authorized treatments. Your treating physicians should be familiar with the Guidelines and the forms that need to be filed to request treatment. If treatment is denied, our office can request a hearing to address the denial before a Workers’ Compensation Law Judge.

  • Do I have to attend the hearings?

    You should plan on attending every hearing unless our office specifically tells you that you do not need to attend the hearing. If you are unsure of whether or not you need to attend the hearing, contact our office.

  • What happens at a hearing?

    We will work with the insurance carrier’s representative to resolve the outstanding issues in your claim. If we are unable to resolve the issues through negotiation, we will make arguments to the judge regarding the outstanding issues and/or schedule testimony of you and/or your doctors.

  • What if my doctor says I am less than 100% disabled?
    If your treating physicians reduce your degree of disability below 100%, you are required to seek work within your physical restrictions. Failure to do so can result in a suspension of your benefits. You can begin your job search efforts on our employment resources page.
  • Can I still collect Unemployment Insurance benefits while I am collecting Workers’ Compensation benefits?
    You may be able to collect Unemployment benefits in addition to your Workers’ Compensation benefits if your doctors have released you to work. Our office can assist you in obtaining Unemployment Insurance benefits free of charge.
  • Can I still collect No-Fault Insurance Benefits while I am collecting Workers’ Compensation benefits?
    You may be eligible for No-Fault benefits in addition to your Workers’ Compensation benefits if your injury resulted from the use or operation of a Motor Vehicle or if you were working in, around, or on a Motor Vehicle at the time of your injury.
  • Can I still collect Social Security Disability Insurance (SSDI) benefits while I am collecting Workers’ Compensation benefits?
    You may be eligible to receive Social Security Disability benefits if you have, or are expected to, miss one year of work as a result of your injury. You can receive Social Security Disability benefits in addition to your Workers’ Compensation benefits. As the interplay between Workers’ Compensation benefits and Social Security benefits can be confusing, you can contact our office for assistance. Our office can assist you every step along the way of a Social Security Disability claim.