You’ll Need an Experienced Worker’s Compensation Lawyer in Brooklyn – Here’s Why

Traumatic Physical Injuries

Accidental Injuries – These are injuries resulting from sudden, specific incidents like slips, falls, equipment malfunctions, or transportation accidents while performing job duties. Examples of such injuries are broken bones, head injuries, sprains, and cuts.

Injuries Caused by Machinery or Equipment – If a worker is injured by tools, heavy machinery, or industrial equipment – often due to malfunction or improper handling – they are eligible for compensation. Common examples of these injuries are lacerations, crush injuries, or amputations.

Lifting and Moving Injuries – If a worker sustains injuries from lifting, carrying, or moving heavy objects while performing their job, they can qualify for workers' compensation. Common injuries in this category include back strains, herniated discs, and musculoskeletal injuries.

Repetitive Strain or Overuse Injuries

Repetitive Motion Disorders (RMDs) – RMDs are caused by performing repetitive tasks over time. Such movement often affects muscles, nerves, and tendons. Common examples are carpal tunnel syndrome, tendinitis, and bursitis.

Cumulative Trauma Injuries – These are conditions that arise from prolonged, cumulative physical strain, such as chronic back pain or shoulder injuries caused by repetitive lifting.

Occupational Diseases

Exposure-Related Illnesses – These are illnesses caused by exposure to harmful substances at work, including chemicals, asbestos, and other toxic agents. Examples of exposure-related illnesses include mesothelioma (from asbestos exposure), asbestosis, lung diseases, and certain cancers.

Respiratory Conditions – If a worker develops respiratory issues due to inhaling fumes, dust, or other airborne particles at work may be eligible to file for worker’s compensation if an illness results from it. Developing respiratory conditions such as asthma, chronic obstructive pulmonary disease (COPD), and silicosis due to work conditions are eligible for filing a claim.

Hearing Loss – Workers exposed to consistent loud noise could end up develop hearing loss. This is covered under workers' compensation when it's a result of workplace exposure.

Mental Health and Psychological Conditions

Work-Induced Mental Health Disorders – In some cases, New York workers' compensation law covers mental health conditions caused by traumatic work events or prolonged, severe work-related stress, if proven. These can include post-traumatic stress disorder (PTSD) and anxiety disorders.

Stress-Related Claims – Mental health claims must be linked to specific work-related factors. Witnessing traumatic events on the job (like an accident) or severe harassment, are usually eligible.

An Aggravation of Pre-Existing Conditions

If a worker with pre-existing medical conditions has their illness aggravated or worsened due to work-related activities, they can seek compensation. This includes cases where physical demands at work exacerbate conditions like arthritis, degenerative disc disease, or other chronic health issues.

Workplace Violence and Assaults

Physical Injuries from Assaults – Any injuries sustained from assaults or altercations at the workplace that are work-related – as opposed to personal disputes – are eligible for workers' compensation. This can include injuries sustained by healthcare workers from patients or retail employees from customers.

Emotional Trauma from Violent Incidents – Workers who have witnessed or are affected by violent incidents at work may be eligible for mental health benefits if they develop conditions like PTSD as a result.

COVID-19 and Other Infectious Diseases

COVID-19 – New York State workers’ compensation allows claims for COVID-19, or similar viral infections, for workers who are at high risk of exposure due to their job roles. Healthcare workers, first responders, and essential service workers are of particular importance here.

Other Communicable Diseases – Similar to COVID-19 or similar viral infections, other infectious diseases may also qualify for worker’s compensation. This is if the worker can demonstrate that the illness was contracted specifically because of their work environment or duties.

Cancers Developed Due to Occupation

If a worker develops certain cancers due to exposure to carcinogenic substances (like asbestos, benzene, or radiation) at work, he or she may qualify for workers’ compensation benefits. Types of cancers recognized to be related to occupational exposures, such as lung cancer or leukemia linked to chemical exposure can be eligible.

Death Benefits

Fatal Injuries – If a work-related injury or illness results in the death of a worker, the worker's dependents may be eligible to receive death benefits. This applies to fatalities from traumatic injuries or occupational diseases that eventually lead to death.

Which Injuries or Illnesses are NOT Covered by Worker’s Compensation?

Not every injury or illness is eligible. Workers' compensation generally does not cover the following –

• Any injury caused by intoxication or drug use during work hours.
• Any self-inflicted injuries or injuries from fights unrelated to work.
• Injuries from horseplay or misconduct not related to job duties.
• Certain non-work-related illnesses that cannot be linked to job responsibilities or conditions.

As we can see, New York State workers' compensation law covers a broad array of work-related injuries and illnesses. A range of physical injuries to occupational diseases are covered, as long as there is a clear connection to job duties. New York’s workers’ compensation system is designed to provide coverage for any injury or illness directly tied to work activities or exposure. As we saw earlier, there are a few exceptions for non-work related or intentional harm.

How to File for Workers’ Compensation in New York

According to the law, New York State workers are advised to file for workers' compensation as soon as possible after the injury or diagnosis of a work-related illness. The specific timing for filing the claim is guided by several requirements and recommendations –

The Victim Should Make an Immediate Notification to Employer

Under New York law, workers should notify their employer of the injury or illness within 30 days of its occurrence. A prompt notice helps document the injury and establishes the initial timeline and reason for a claim. Waiting beyond 30 days can jeopardize the claim unless a valid reason for the delay exists. The notice can be given verbally or in writing but should include enough detail for the employer to understand the nature and time of the injury. However, a written notice will make your claims process much smoother.

The Victim Should Seek Medical Attention Right Away

A worker suffering from a work-related injury should seek immediate medical care right away or upon noticing symptoms of an illness. Also, New York requires that workers see an authorized workers' compensation health provider in such an event. However, in emergencies, initial care can be sought from any available provider, with follow-up care handled by an approved provider. Most importantly, all medical treatments should be documented and shared with the employer and the New York Workers' Compensation Board (WCB). This is an essential as part of the claim process.

The Victim Should File a Claim with the New York Workers' Compensation Board (WCB)

The deadline for the formal workers' compensation claim (using Form C-3, "Employee's Claim for Compensation") should be filed within two years of the injury or the date the worker becomes aware that a medical condition is related to their work. The claim should include details of the incident, injury, affected body parts, and any other relevant information, ideally verified by a healthcare provider. The employer is also required to report the injury to their insurance carrier within ten days after becoming aware of the incident.

Timelines for Occupational Illnesses Must Be Defined

If the injury is not immediate but develops over time—such as repetitive strain injuries, respiratory conditions, or occupational diseases like mesothelioma—the worker must file within two years of knowing or should have known about the work-related cause of the condition.

Why You Need an Experienced Worker’s Compensation Lawyer in Brooklyn

Some straightforward workers' compensation claims can be handled without legal assistance while adhering to New York state law. Still, many cases benefit from the support of an experienced workers' compensation lawyer. If you’re injured in Brooklyn where many industrial workplaces are located, legal expertise can be crucial due to the complexities of workers' compensation laws. There is also a high potential for employer or insurer disputes, and the long-term financial impact of these claims. You will certainly need one of the best workers’ compensation lawyers in Brooklyn to support you through it.

You’ll Need Help Navigating Complex Legal Requirements and Deadlines

As it is, New York workers' compensation law includes strict requirements, such as notification deadlines, meticulous medical documentation standards, and specific filing protocols. Missing a deadline or misfiling paperwork can lead to delays or total claim denials. An experienced lawyer can guide workers through these steps. They can make sure all documentation, medical evaluations, and procedural requirements are met accurately and on time.

Assuring Appropriate Medical Evidence and Treatment Documentation

Properly compiling the adequate medical evidence is essential. This is especially necessary for cases involving long-term injuries, occupational diseases, or repetitive strain injuries that require strong documentation of workplace causation. An attorney can coordinate with healthcare providers to collect, organize, and submit all necessary medical evidence to correctly support your claim. They can also advocate for the worker to receive additional medical evaluations if the insurer challenges the diagnosis or recommended treatment plan.

Your Attorney Can Handling Claims Denials and Appeals

Sometimes, insurers may deny claims due to a lack of evidence, disputes over the injury’s work-related nature, missed deadlines, or pre-existing conditions. According to stats, about one-third of workers’ compensation claims in New York face initial denials. A skilled lawyer can challenge denials by filing an appeal with the New York Workers' Compensation Board (WCB). He or she can represent the worker at hearings, and provide the legal basis to dispute the insurer’s findings. This increases the chance of a favorable outcome significantly.

Give Support Calculating and Securing Fair Compensation

Workers are entitled to different types of benefits depending on the severity and duration of their injury. Benefits can include temporary or permanent disability payments, medical benefits, and lost wages. A workers' compensation attorney can assess the full value of the worker's claim, taking into account future medical needs, long-term disability, and wage loss. Without this essential legal support, workers may settle for less than they deserve, as insurers often seek to minimize payout amounts.

Protecting Against Employer or Insurance Company Tactics

Often, employers and insurance companies attempt to downplay the severity of the injury, argue that the injury was not work-related, or pressure workers to return to work prematurely. They may also send workers to “independent” medical examinations by company-approved doctors. These doctor assessments could undervalue the extent of injuries. An experienced attorney can provide protection against these tactics, making sure that the worker’s rights are upheld, and counter any attempt to undercut the claim’s value or prematurely close the case.

Help Maximize Benefits for Permanent or Long-Term Injuries

Cases involving permanent injuries, long-term disability, or total disability require careful handling to secure the right benefits, usually over an extended period. Determining the degree of disability and potential long-term benefits can be legally complex and often contested. A seasoned worker’s compensation attorney can help secure maximum benefits by gathering thorough evidence, consulting medical and vocational experts. They can negotiate with insurers to obtain long-term or permanent disability compensation if applicable.

Provide Guidance in Third-Party Claims

In cases where a third party, such as a contractor, equipment manufacturer, or other external entity, contributed to the injury, a worker might be eligible to file a third-party claim. This is in addition to their workers' compensation claim. A lawyer can evaluate the potential for such claims and manage the coordination between the workers' compensation claim and a third-party lawsuit, helping increase the worker’s overall recovery.

Preparing for and Representing in Hearings

If a dispute arises, several hearings before the New York Workers' Compensation Board or the New York Supreme Court, Appellate Division may be necessary. These hearings could involve presenting evidence, questioning witnesses, and also understanding the intricacies of workers' compensation law. An attorney experienced in workers' compensation can provide skilled representation in these settings.  They will advocate for the worker's rights and make sure that the case is presented comprehensively to the board.

Providing Counsel on Settlement Agreements and Lump-Sum Payments

In several instances, workers' compensation claims may be resolved through settlement, either as a lump-sum payment or structured payments. However, once such a settlement is accepted, it is generally final, and workers may not be able to seek further compensation. With attorney support, the victim can review settlement offers, calculate fair compensation based on medical costs, lost wages, and potential future needs, and negotiate favorable terms. A worker’s compensation lawyer can make sure that workers do not unintentionally agree to settlements that undervalue their long-term requirements.

Helping with Vocational Rehabilitation and Return-to-Work Issues

If a worker’s injury results in long-term or permanent limitations, he or she may be eligible for vocational rehabilitation or other resources to help them re-enter the workforce via a modified role. Attorneys can advocate for appropriate vocational rehabilitation services and negotiate return-to-work terms. They can ensure the worker receives the necessary support without compromising benefits or accepting unsuitable work assignments.

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To get an appointment with the best workers’ compensation lawyers in Brooklyn contact Gabriel Law. You’re required to pay only if you win.

For further readings

How to Correctly Handle a Worker’s Compensation Claim in Brooklyn

Filing a Worker’s Compensation Claim in Manhattan

How to Find a Skilled Workers’ Compensation Lawyer Near You?