Should You Get a Workers’ Comp Attorney?

Last updated on: June 13, 2024

If you’ve been injured at work in New York, you probably have the benefit of workers’ compensation insurance that will compensate you for your medical costs and lost wages. Workers’ compensation operates on a no-fault system, meaning you can receive benefits regardless of who caused the workplace accident.

You may be wondering how long you can collect workers’ compensation benefits. Ideally, these benefits should start smoothly to provide you with the necessary time and medical care needed for recovery and to help you resume your normal life. However, obtaining the workers’ comp benefits you are entitled to can be challenging. It’s crucial to consult with a top-rated Queens workers’ compensation lawyer before making any decisions.

Contact K L Sanchez Law Office, P.C. at (646) 701-7990 to schedule a consultation.

Why Hire a Workers’ Comp Attorney in New York?

Not all workers’ compensation claims will need the assistance of an attorney. The system is designed to be easy for injured workers to file a claim. But there are some scenarios when you may need the assistance of a New York workers’ compensation lawyer to get a fair settlement, such as when:

  • Your benefits are denied. — A vast majority of employees who get denied by workers’ comp don’t go any further to pursue them. If you have been denied workers’ compensation benefits, you have the right to appeal or turn to other legal recourse.
  • Insurance is blaming a pre-existing condition for your issue. — Unfortunately, workers’ compensation insurance will use previous health conditions as a reason to deny your benefits. They may argue that your pre-existing condition was the cause of your issue, not a workplace accident.
  • Your employer denies that your injury happened at work. — Your employer may deny that your injury or condition happened at the workplace or because of the nature of your work. An experienced workers’ compensation lawyer will be able to establish the connection between your injury and your work.
  • Your settlement doesn’t cover all your costs. — Workers’ comp settlements aren’t always good ones. If you think that your offer is not sufficient to cover your costs and lost wages, you will want the assistance of a New York workers’ compensation attorney.
  • You can’t work for an extended time or you are permanently disabled. — These scenarios can be costly for the insurance company, and they may try to avoid paying benefits or try to reduce benefits if you have a serious or permanent injury. An experienced workers’ compensation lawyer can help you maintain the benefits you deserve.
  • You have rights to a third-party claim. — You may have a claim against another party in the workplace that isn’t covered by workers’ compensation. You have the right to hold that party accountable. A skilled workers’ comp attorney will help you hold the third party responsible for your injuries.
  • Your employer is retaliating. — If your employer has cut your hours or salary, is harassing you, or has fired you after you have filed a workers’ comp claim, they have violated policy. Hiring a workers’ compensation attorney can help you hold them accountable for their actions.
  • You disagree about your ability to work. — If the insurance company or employer is claiming you can return to work if they modify your duties (all to reduce your benefits) and you disagree, it’s essential to get the advice of an experienced workers’ compensation attorney.
  • You plan on applying for Social Security disability benefits. — Workers’ compensation benefits can affect your Social Security disability benefits if not properly structured. You should hire a workers comp lawyer to make sure that your settlement is structured properly.
Why You May Need a Workers Comp Attorney Description
Benefits denial If denied, an attorney can help you appeal for workers comp benefits.
Pre-existing condition denial Attorney assistance is crucial if workers comp insurance denies benefits due to pre-existing conditions.
Workplace injury denial An attorney can establish the link between your injury and work if your employer denies it.
Inadequate settlement An attorney can negotiate for a fairer workers comp settlement if you believe it doesn’t cover your costs.
Extended disability For extended disability or permanent injury cases, an attorney can ensure you receive rightful benefits.
Third-party claim rights If a third party is liable, an attorney can help you pursue additional compensation beyond workers comp.
Employer retaliation An attorney can protect your rights if your employer retaliates for filing a workers comp claim.
Work ability disagreement If there’s disagreement about your ability to work, an attorney can ensure fair assessment and benefits.
Social Security application To prevent negative impacts on Social Security benefits, an attorney can properly structure your workers comp settlement.
queens workers compensation lawyer keetick gmb

How Much Do Workers’ Comp Lawyers Charge in New York?

Understanding the cost of hiring a workers’ compensation lawyer in New York is crucial for anyone seeking legal representation after a workplace injury. In New York, the fee structure for workers’ comp lawyers is regulated to ensure fairness both to the attorney and the client.

Typically, lawyers’ fees in workers’ compensation cases are not predetermined or charged upfront. Instead, they are contingent upon the lawyer successfully securing compensation for the injured worker. This means that the lawyer will only get paid if they successfully help the client obtain benefits.

The New York State Workers’ Compensation Law Judge determines the lawyer’s fees, which typically range from 10% to 15% of the awarded compensation. This percentage is only applied to the compensation awarded at a hearing, excluding any voluntary payments workers may have received from the employer prior to the hearing. This arrangement ensures that the lawyer’s interests align closely with those of the client, as the lawyer’s payment is directly tied to their ability to secure an award for the client.

This fee structure helps to minimize any upfront financial burden on injured workers, allowing them to obtain skilled legal assistance without worrying about high initial costs. Knowing how these fees work can provide significant peace of mind to workers dealing with the intricacies of workers’ compensation claims in New York.

Available Workers’ Comp Benefits for Injured Workers in NYC

Workers in New York City who are hurt while working and have workers’ compensation benefits can potentially receive compensation for their economic losses. 

  • Medical benefits cover all the necessary medical expenses, such as hospitalization, surgery, medication, rehabilitation, and more. However, you must seek treatment from a pre-approved physician, except in an emergency.
  • Indemnity benefits or lost wages can be claimed if you are unable to work for more than seven days. You can receive wage replacement benefits, which amount to two-thirds of your average weekly wage before the injury, multiplied by the percentage of disability.
  • Death benefits are also available in tragic circumstances where a work-related injury or illness results in an employee’s death. In this case, surviving family members can receive compensation to cover funeral expenses and financial support loss.

Workers’ compensation benefits don’t typically include non-economic damages like pain and suffering. It is critical to hire a skilled New York workers’ compensation lawyer to handle the complicated process of obtaining benefits, including gathering evidence and negotiating with insurance companies. At K L Sanchez Law Office, P.C., our team of experienced Queens workers compensation attorneys can help ensure that you receive the compensation you deserve.

Call us at (646) 701-7990 to schedule a consultation.

Deciding whether to hire a workers’ comp attorney is a critical decision that can significantly impact the outcome of your claim. Understanding the complexities of workers’ compensation law, knowing your rights as an employee, and ensuring you receive the full benefits you deserve can be daunting tasks. With the right legal guidance, you can effectively handle disputes, manage paperwork, and negotiate with insurance companies. Remember, having a knowledgeable advocate on your side can make all the difference in securing your rightful compensation and benefits.

If you’re considering filing a workers’ compensation claim in Queens or have encountered challenges with your current claim, the K L Sanchez Law Office, P.C. is here to help. Our experienced Queens workers’ compensation lawyers can guide you through New York workers’ comp laws and are committed to advocating for your rights. Don’t face this complex process alone.

Contact us today at (646) 701-7990 to schedule a consultation and learn how we can assist you in achieving the compensation you rightfully deserve.