What if the insurance company does not accept my claim?
If the claim is disputed, no cash benefits are paid until the Board makes a decision. However, the claimant in the meantime might be eligible for payment under the Disability Benefits Law if the claim was challenged because the injury was not job-related. Such benefits would be deducted from any subsequent award of compensation. When a claim is challenged, the Board holds a hearing or hearings before an administrative law judge. The judge takes testimony, reviews medical and other evidence, and decides whether the claimant is entitled to benefits. If the claim is found compensable, the judge determines the amount and duration of the compensation award. Either side may appeal the decision within 30 days by applying in writing for Board review. If the application is granted, a panel of three Board members will review the case. This panel may affirm, modify, or rescind the judge’s decision, or restore the case to the law judge for further testimony. Appeals from Board Panel decisions on questions of law may be taken to the Appellate Division of the Supreme Court of the State of New York, within 30 days.
Can I collect other benefits while I’m receiving Workers’ Compensation?
A worker who is seriously and permanently disabled may be entitled to the payment of monthly Social Security benefits, provided the individual is covered by the Federal Social Security Act. Government employees who cannot do their past work may also be eligible for Disability Retirement from the New York State Employees or Police and Fireman Retirement Systems. Other employees may be eligible for Disability Pensions through their employers or unions. For additional information about these benefits, call Freedman, Wagner, Tabakman, and Weiss.
Why do I need a lawyer and how does he or she get paid?
It does not cost anything to learn about your rights. An injured worker eligible for Workers’ Compensation benefits should be entitled to fair and just compensation. Obtaining what you are entitled to is not automatic. The Workers’ Compensation system is adversarial in nature. An attorney will represent your employer and its insurance company. You have the right to an attorney or licensed claimant’s representative, who may not ask for or accept a fee from the claimant. The fee for legal services will be determined by the law judge or Board Panel and will be deducted from the award of compensation. It is paid to the attorney directly by the insurance carrier or self-insured employer.
What if I can’t return to my old job or my employer won’t take me back?
Nothing in the Workers’ Compensation Law requires an employer to rehire an injured worker when they are capable of returning; or providing a light duty job. At that point, you may be entitled to Unemployment Insurance. You may be protected by a contract through a union. If you cannot do your past work, you may be eligible for Rehabilitation services provided by New York State.
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