The offices of Freedman, Wagner, Tabakman & Weiss specialize as workers' compensation attorneys in New City, Rockland County, NY and White Plains, Westchester County, NY, and offer their services to local workers who are injured on the job. As social security attorney, we understand the law, what you're entitled to, and what it takes to make sure that you get the compensation you are entitled to when you're hurt on the job. Workers' compensation law can be confusing, so we've listed the important things to know below.
A worker who is disabled, whether permanently or temporarily, receives 2/3 of his average weekly wage, up to a statutory
maximum, depending upon the date of injury and the degree of disability.
The average weekly wage is based upon payroll records for the year prior to the date of disability or accident for all jobs
held at the time of injury. If the worker dies from a compensable injury, the surviving spouse and dependents, as defined
by law, are entitled to weekly cash benefits (subject to possible social security offsets). The amount is figured as 2/3 of
the deceased worker's average weekly wage for the year before the accident. In no event may the compensation exceed
the statutory maximum, no matter how many dependents are involved. If there is no surviving spouse or children, then
other dependents such as parents, grandchildren, or siblings, as defined by law, may be entitled to cash benefits. Funeral
expenses are payable subject to a fee schedule.
When Will My Benefits Start and End?
If the employer or insurance carrier accepts responsibility, the first payment must be made within 18 days after disability
begins or 10 days after notice is given to the employer. Payments are then due every two weeks thereafter until you
return to work or there is medical evidence you are no longer disabled.
Can I Sue My Employer or Anyone Else?
You cannot sue your employer. However, if your injuries were due to the negligence of a third party such as the driver of
a vehicle, the manufacturer of a piece of equipment or a property owner, you may be able to sue the third party. Any
accident on a construction site may also give rise to a lawsuit.
What Will My Settlement Be?
Not every case ends with a settlement. Different types of claims are treated in different ways.
Permanent Partial Disability
— The law regarding permanent partial disability has recently changed. This finding will have
consequences that will limit or stop your benefits.
— This is a special category of Permanent Partial Disability, and involves loss of eyesight or hearing, or loss
of a limb of the body or its use. Compensation is limited to a certain number of weeks, according to a "Schedule" set by
law. For instance, a worker who loses an arm, or total use of an arm, receives compensation equal to being paid the
partial disability rate for 312 weeks. Proportionate losses are paid on a percentage basis. For instance, 25 percent loss of
use of an arm is equal to 78 weeks—1/4 of 312. This is what most people think of as the settlement of a compensation
— Serious and permanent disfigurement to the face, head or neck may entitle the worker to compensation to
a limit of $20,000.
— Claims may result in a lump sum payment, but weekly payments of death benefits once elected cannot be settled
by a lump sum unless the surviving spouse remarries.
What about My Medical Expenses?
The injured worker who is eligible for workers' compensation is entitled to all necessary medical care as the nature of the
injury or the process of recovery may require. The broad range of services available covers medical, osteopathic, dental,
podiatric and chiropractic treatment, surgery and hospital care, X rays, laboratory tests, prescribed drugs, authorized
nursing service, and medical or surgical appliances required by the injury.
The worker is free to choose any physician, podiatrist, or chiropractor authorized to give medical care by the Worker's
Compensation Board. The employer or his insurance carrier pays the cost of necessary medical services. The doctor may
not collect a fee from the patient. However, if the injured worker's claim is disputed by the employer or insurance carrier,
the doctor may require the claimant to sign form A-9, guaranteeing payment if the Board disallows the claim or if the
worker does not pursue his claim.
You may also find that you require the services of a social security attorney, in the even that your injury leads to a
disability and you cannot return to work. We also provide these services, offering knowledge and experience when dealing
with injury and insurance law in New City,
Schedule a free consultation today and find out how our lawyers help you.
Hours of Operation: Monday–Friday, 9:00 a.m.–5:00 p.m. Proudly Serving: Rockland County Since 1924 | More Than 100 Years of Combined ExperienceSocial Security Member of NOSSCR Association | New York State Workers' Compensation AssociationVisit our other location: 99 Church Street 4th Floor, White Plains, New York 10601