Workers’ Comp FAQ

Under New York State law, workers who are injured or become ill due to work conditions may qualify to receive compensation by filing a claim with their employer’s Workers’ Compensation insurance company. The worker must show that they were injured in the course of and within the scope of their employment.

Most personal injuries involving body parts such as your back, neck, shoulder, knee, head, hand, arm and legs are covered. An injury you had prior to employment may qualify if it was exacerbated or hastened due to working conditions. Occupational illnesses and diseases caused by your working environment resulting in cancer, heart attacks, strokes and lung problems are also covered.

You may still have the right to receive Workers’ Compensation benefits, depending on the particular circumstances. In addition, you may have a “third party” claim against the party who caused your injuries. Our attorneys can help you explore your options and help you recover full compensation for your injuries. If you are injured by a third party, the law requires you to explore your claim with a Personal Injury attorney and we can assist you in finding the right representation for that claim. Together, we can work with your other attorney to maximize your benefits and obtain the necessary medical documentation needed to pursue both claims.

The Medical Treatment Guidelines were implemented by the New York Workers’ Compensation Board and outline the type of medical treatment covered and the duration of visits. If you need additional treatment in excess of these guidelines, speak to your doctor right away to file a request for additional care.

If you have returned to work and are making less money because of your prior work-related injury, you may be able to recover “reduced earnings” benefits. Often, injured workers return to work but with fewer hours or reduced duties to accommodate their physical restrictions. An attorney can help you determine whether you qualify for reduced earnings and how to proceed if you do.

Generally, no. Workers’ Compensation benefits are not taxed by federal or state governments unless received in place of Social Security Disability or Railroad Retirement benefits.

Our compassionate lawyers have decades of combined experience handling claims involving employers, their insurance companies and the Workers’ Compensation Board. We know what to expect and are able to prepare our clients for what’s ahead.

At Severance, Burko, Spalter, Masone & Laurette PC we proudly represent injured workers and disabled persons in New York. We handle Workers’ Compensation claims from initial claims filing through settlement or judgment on a contingency fee basis, so you pay no attorney’s fee unless we recover for you. Contact us today at [ocb_phone] to set up an appointment in our Brooklyn or Long Island offices.