White Plains, NY

Workers' Compensation Lawyer

For Worker Injured By Falling Metal Plates

For Worker Struck By Swinging Equipment

For Worker Injured By Scaffold Collapse

For Worker Injured By Falling Metal Plates

For Worker Struck By Swinging Equipment

For Worker Injured By Scaffold Collapse

What is Workers' Compensation?

Workers’ Compensation is a form of insurance that provides benefits to employees who are injured on the job or who otherwise require medical care as a direct result of their job. “Workers comp” covers medical expenses, lost wages, rehabilitation costs, and even death benefits for the injured worker’s dependents. 

The Workers' Compensation system is mandated by most states in the U.S., including New York. Specific requirements for receiving benefits may vary by state; some Workers' Compensation cases may require that you hire a Workers' Compensation attorney to represent you through the process.

Martin+Colin represents injured people seeking Workers' Compensation claims. Call us to discuss your case at (914) 771-7711.

Workers' Compensation Benefit Types

The type of benefits you receive depends on the extent of your injury and your ability to return to work. In general, there are four types of disabilities covered by Workers' Compensation:

  • Temporary total disability: You can't work, but only temporarily
  • Temporary partial disability: You've temporarily lost some ability to work
  • Permanent total disability: You've permanently lost your ability to work
  • Permanent partial disability: You've permanently lost some ability to work

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    Key Features of Workers’ Compensation

     

    Injuries are covered by Workers' Compensation may include:

    • Sprains, broken bones, or cuts
    • Repetitive stress injuries, such as carpal tunnel or tendonitis
    • Occupational diseases, such as cancer caused by exposure to toxic chemicals
    • Stress-related mental health conditions
    • The worsening of a pre-existing condition

      Workers compensation cases may vary based on injury severity and how the injuries occurred. In general, New York Workers' Compensation benefits can include any or all of the following:

    Medical expenses.

    Your Workers' Compensation benefits often include reimbursement for medical bills, ongoing treatment, and rehabilitation. 

    Wage replacement.

    Getting injured on the job often means taking time off of work to recover. Workers comp generally includes payment for the wages that would have been earned over this period.

    Disability benefits.

     With an appropriate medical diagnosis, you may also be entitled to additional payments for temporary or permanent disabilities that prevent you from working.

    Death benefits.

     In tragic cases where a person dies from an injury on the job, Workers' Compensation covers payments to the families and dependents of the deceased.

    Permanency awards.

    In cases where a disability is determined to be permanent, Workers' Compensation may include additional payments that do not depend on on time off of work. A Schedule Loss of Use (SLU) award is given for injuries to an extremity or loss of a sense, like hearing or vision.

    Travel expenses:

    Workers' Compensation can include reimbursement for travel to and from doctor appointments.

    Vocational rehabilitation.

    As part of your medical treatment plan, you may also be required to undergo physical therapy and/or occupational therapy to help you return to work.

    Legal protection.

    Finally, Workers' Compensation in New York also covers legal costs through a contingency fee system. Your attorney's fees are paid from the settlement or benefits, not through your own funds.*

    *Note: By accepting your Workers' Compensation benefits, you may be waiving your right to sue your employer for your injury. Talk to your Workers' Compensation attorney to learn more.

    Workers' Compensation Benefit Types

    The type of benefits you receive depends on the extent of your injury and your ability to return to work. In general, there are four types of disabilities covered by Workers' Compensation:

    • Temporary total disability: You can't work, but only temporarily
    • Temporary partial disability: You've temporarily lost some ability to work
    • Permanent total disability: You've permanently lost your ability to work
    • Permanent partial disability: You've permanently lost some ability to work
    How to File a Workers' Compensation Claim

    After a workplace injury, you may choose to file a Workers' Compensation claim. Claims are typically handled by your employer’s insurance carrier, with oversight from state Workers' Compensation boards. If disputes arise over eligibility or benefits, they may be resolved through the Workers' Compensation Board. 

    Click here to file a New York state Workers' Compensation claim.

    Quick Facts about Workers' Compensation in New York:
    • You do not need to prove your employer was at fault for the accident. Workers compensation is provided regardless of whether the injury was caused by employee negligence or employer fault. (Workers compensation does not apply in cases of intentional self-harm or intoxication.)
    • Your employer is required to purchase Workers' Compensation insurance. They must ensure immediate medical treatment is available and comply with state-specific reporting and compliance rules. They cannot ask you to contribute to its cost. 
    • Workers' compensation does not cover non-economic damages like pain and suffering. For this, you would need to speak to a personal injury attorney.

    Frequently Asked Questions about Workers' Compensation in New York

    After years of representing injured people as Workers' Compensation lawyers, we have compiled some of the most frequently asked questions to help you better understand your rights and responsibilities. For additional queries, please reach out to our office.

    What is Workers' Compensation?

    Workers’ compensation is a no-fault insurance program that provides benefits to employees who suffer work-related injuries or illnesses. It covers medical expenses, lost wages, and other related costs. The New York Workers’ Compensation Board oversees all claims under this system.

    Most employees in New York are eligible for Workers’ Compensation, including part-time, full-time, temporary, and seasonal workers. However, independent contractors, volunteers, and certain groups like federal employees or clergy are generally not covered. Eligibility requires that the injury or illness occurred during work-related activities.

    Workers’ Compensation covers any injury or illness directly related to your job duties. This includes traumatic injuries (e.g., fractures, burns), occupational diseases (e.g., respiratory conditions), and even repetitive stress injuries (e.g., carpal tunnel syndrome).

    • Falls (including slips and trips): 35%
    • Struck-by incidents: 17%
    • Electrocution: 7.6% 
    • Caught incidents: 5.8%
    • All other injuries: 34.6%

    To file a claim:

    • Notify your employer in writing within 30 days of the injury.
    • Complete and submit Form C-3 (Employee’s Claim for Compensation) to the New York Workers’ Compensation Board within two years of the injury or diagnosis.
    • Include details such as how the accident occurred, the date and time, and the symptoms experienced.

    If your claim is denied or prematurely suspended, speak to a Workers’ Compensation lawyer by calling (914) 771-7711.

    Workers’ compensation benefits include medical care (all necessary treatments for your injury); lost wages (up to two-thirds of your average weekly wage, capped at a statutory limit); vocational rehabilitation (learning a new skill if you cannot return to your previous job); and permanent disability benefits when applicable. If you believe you are entitled to more Workers’ Compensation than you have received, speak with your Workers’ Compensation attorney.

    Yes. In New York, there is a 7-day waiting period for lost wage benefits unless your disability lasts more than 15 days. In such cases, payments will retroactively cover the entire period of disability.

    Yes, New York’s Workers’ Compensation system is no-fault, meaning you can receive benefits regardless of who caused the accident as long as it occurred during work-related activities. However, intentional self-harm and incidents that occur while intoxicated are not eligible for Workers’ Compensation.

    Most employers in New York are required to carry Workers’ Compensation insurance. If they fail to do so, you can still file a claim with the Uninsured Employers Fund through the Workers’ Compensation Board. This is considered a violation of the Workers’ Compensation Law, and they may be subject to penalties. 

    While not required on many claims, hiring a Workers’ Compensation attorney may be beneficial if your claim is denied or if you encounter difficulties with your employer or insurance company. 

    With years in the legal industry and countless cases successfully resolved, our team of legal professionals stands ready to help you recover damages after a construction accident. We can:

    • Help you file a claim (or appeal a denied claim)
    • Investigate potential third-party liability for additional compensation
    • Negotiate with insurance companies to secure full, fair compensation
    • Provide legal guidance pursuant to New York-specific laws and regulations

    Martin + Colin, P.C.  offers free consultations and works on a contingency fee basis, meaning you only pay a percentage of whatever settlement we collect for you.

    Workers’ Compensation from Construction Accident Claims

    While construction is among the largest and most profitable industries in New York state, it is also among the most dangerous. This high-risk industry sees more than its share of injuries and even fatalities every year; studies show that about 10,000 construction-based Workers’ Comp claims are filed annually.

    Between heavy lifting, unstable surfaces, and dangerous industrial equipment, construction work is inherently dangerous. Even with appropriate protective gear and precautions, construction workers can suffer severe injuries and even fatalities while on a job site.

    Construction accidents can result in debilitating pain, serious injuries, and even permanent disabilities. Because of this, Workers’ Compensation insurance is required in almost every state.

    If you were injured on a construction site, the construction accident lawyers at Martin+Colin can help. You may be eligible for Workers' Compensation, which covers medical expenses, lost wages, and other damages. You may also be able to file a lawsuit against the responsible party, which is generally your employer or another third-party entity. 

    Understanding New York’s Workers' Compensation system is not always easy. Some cases require the expertise of a dedicated Workers' Compensation attorney. Call Martin+Colin today for a free consultation: (914) 771-7711.

    Common Construction Accidents

    Construction workers, forklift operators, and tradespeople face numerous hazards as part of their jobs. Some of the most common causes of injuries include:

    • Falls: Accidents involving ladders, scaffolding, or roofs.
    • Slip and Falls: Losing footing on unmarked, uneven, and/or slippery surfaces.
    • Falling Objects: Tools or debris striking workers.
    • Collapsing Structures: Crushing injuries or entrapment resulting from structures collapsing 
    • Scaffold Accidents: Crushing under or falling from scaffolding structures.
    • Machinery Accidents: Forklifts, cranes, or other equipment causing injuries.
    • Electrocution: Contact with live wires or faulty electrical systems.
    • “Caught Between” Accidents: Becoming stuck between two unmoving objects, resulting in physical injury
    • Trench Accidents: Workers trapped in unstable excavation sites.
    • Toxic Materials Exposure: Toxic chemicals or gases leading to long-term health issues.
    • Motor Vehicle Accidents: Crashes involving one or more motor vehicles on the construction site.
    Challenges in Construction Accident Claims

    Unfortunately, many legitimate Workers’ Compensation claims are denied due to disputes over whether the injury was work-related or whether certain types of treatments are medically necessary. Additionally, employers may misclassify workers as independent contractors, making them ineligible for benefits. Finally, as we see with other types of private coverage, insurance companies might minimize payouts or deny claims entirely.

    An experienced construction accident attorney in White Plains, NY can investigate your case thoroughly, gather evidence, and advocate for the full benefits you deserve.

    If you’ve been injured in a construction accident in White Plains, NY, the experienced construction accident lawyers at Martin+Colin are here to help. Schedule a free consultation today to discuss your case and explore your options for compensation: (914) 771-7711.

    Practice Areas

    • Car Accidents
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    • Construction Accidents
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    • Premise Liability
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    • Traumatic Brain Injury
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    • Trucking Accidents
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    • Rideshare Accidents
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