 H – 1 Workers Compensation Lawyers
Find a Reliable and Qualified Workers Compensation Lawyer.
What is Workers Compensation?
Workers compensation is the payment for a portion of your lost wages
and all related medical benefits that you as an employee is entitled
to if you are in an accident, contract an occupational disease or are
otherwise hurt on the job. It does not matter who was at fault, as long
as the injury arises out of, and, is in the course and scope of the employment.
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H – 2 Finding a Workers Compensation Attorney
The following list provides some helpful information about where
to find a qualified Workers Compensation Attorneys…
- The New York City Bar Association Legal Referral
Service (LRS) and other bar associations can give you the name of a
lawyer who specializes in workers compensation law. LRS ensures these
lawyers are qualified and insured. Referrals to experienced lawyers
in New York, California, Texas and Kentucky may also be found on the
web by going to the website: www.ilawyer.org .
- For worker compensation matters outside of New York, California,
Texas and Kentucky you can find other bar associations at http://www.abanet.org/legalservices/lris/directory/
- Ask family members, friends, and co-workers who have had positive
experiences with a lawyer who represents individuals with work related
injuries. This is a very specialized area of law that most lawyers
are not knowledgeable about. Lawyers who handle workers compensation
generally do not handle any non-related areas of law.
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Things to look for when you are choosing a workers compensation
lawyer:
- Years of experience
- Knowledge about your particular type of injury
- Understanding of the type of work you do and the hazards connected
with it
- Specialization in workers compensation law
- Ability and willingness to listen to you, return calls promptly and
explain the law to you
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What is the cost of hiring a workers compensation lawyer?
Workers compensation lawyers are paid on a contingency fee basis, which
means you do not pay any money up front. There is no
consultation fee for workers compensation cases. If you are awarded money
for your case, the Workers Compensation Law Judge will determine what
the lawyer should receive. The attorney’s fees are deducted from
the amount you are awarded. You must not pay a workers compensation lawyer
directly.
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What if my injury occurred at work but was caused by a person
or company other than my employer?
If your injury was caused or contributed to by someone other than your
employer or co-employees you may have a Third Party Action in addition
to your workers compensation claim. Third Party Actions include lawsuits
against equipment manufacturers, other contractors, general contractor,
landowners, facility owners and other non-employer parties whose products
or services contributed to the occurrence of an accident. Under Workers
Compensation Law, a compensation claim is a workers' sole remedy against
the employer, but lawsuits may be initiated against third parties for
contributory negligence, product defects, etc. Such lawsuits are important
to consider because they may allow you to collect money damages for pain
and suffering, full lost wages and future wages and other losses that
are not generally available in a Workers Compensation award.
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I was working on a construction site when I was hurt due to
an unsafe condition. Am I still restricted to workers compensation
or may I sue for pain and suffering and full lost wages?
There are special rules in New York regarding accidents at constructions
sites caused by unsafe work conditions. This may entitle you to a negligence
claim and full damages including pain and suffering and lost wages and
compensatory damages. Rather than a workers compensation lawyer, a negligence
or personal injury lawyer should be consulted.
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How to Look for a Third Party Claim:
If the equipment you were using was faulty, the manufacturer may be
liable for damages. If there is a maintenance company or custodian who
is responsible for keeping your workplace clean or safe and that company’s
actions contribute to causing your injury, they may be responsible to
pay your additional damages. A vehicle owned, operated or repaired by
someone other than your employer may have injured you. Chemicals you
use at work may have been negligently manufactured or instructions for
safety precautions poorly written. Think about all the factors that led
to your injury or disability and explore who else may bear some responsibility.
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Workers Compensation vs. Personal Injury
Actions
Workers Compensation is not a lawsuit. Your claim is for insurance money
that your employer is required to have available in case employees get
hurt on the job. Workers compensation does not pay for your pain and
suffering nor do they seek to punish the employer. It only covers a portion
of lost wages and medical treatment. You do not have to prove that your
employer was at fault or did anything wrong. It is only necessary to
show that you were at work when you were injured and that the injury
was caused by the work.
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The Initial Consultation with Your Workers Compensation Lawyer
At the initial consultation, your workers compensation lawyer will ask
you details about your accident. You will need to provide information
about how, when, and where the accident occurred, and the extent of your
medical treatment since then. Expect to fill out forms and medical releases.
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The workers compensation lawyer will eventually want to review:
- How you were injured
- Where you were injured
- Evidence of your income
- Name and address of your employer
- Name and address of your doctor
- Emergency room records
- Names of witnesses to the accident
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How Long Will My Workers Compensation Case Take?
Notify your employer and begin the paperwork immediately. The length
of your workers compensation case depends on many factors, such as the
type of injury, whether you underwent surgery, when the surgery took
place, etc.If the case is being disputed, it may take
one to two years to be resolved.
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