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Shakhnevich Law Group

Workers Compensation



Workers Compensation - Best Personal Injury Attorney, NY & NJ

What are Workers’ Compensation Benefits?

New York State law provides many different types of benefits for injured workers, with the goals of preventing financial hardship and helping victims return to work as soon as possible.


If you are found to qualify for workers’ compensation, you can receive benefits including:


  • → Payments equal to 2/3 of your average weekly wage for lost time due to your disability

  • → Reduced earning compensation to make up for a decreased ability to work if you have suffered a partial disability

  • → Medical treatment from doctors and chiropractors that is paid by the workers’ compensation provider

  • → Compensation for extremity injuries, such as damage to arms, legs, hands, and feet or a facial scar, even when the damage does not keep you from working

  • → Reimbursement for traveling to doctors or therapists and out-of-pocket expenses related to your injuries, such as bandages and prescriptions


These benefits are based on the nature of your injuries, the amount of time you will be unable to work, and what is needed for recovery. As such, it is vital that you collect evidence and testimony that proves the true extent of your losses so that you can gain fair and full compensation. Injured workers will have to be regularly evaluated by doctors and complete hearings with the Workers’ Compensation Board to prove that their injuries or disabilities are still present and preventing work.


Without workers’ compensation benefits, the cost of recovery and lost wages from being unable to work can fall squarely on your shoulders.


Here are a few examples of frequently asked questions we encounter in our day-to-day practice:


What Injuries May Qualify for Workers’ Compensation?

Accidents- injured from accidents that happen while you were doing something on behalf of your employer or otherwise in the course of employment, such as a car accident while driving a passenger or a trip and fall in the workplace.


→ Repetitive Stress Injuries- These aren’t dramatic injuries like a fall or car accident.


They usually happen over time and are common in jobs that require employees to apply repetitive motion, such as repeated heavy lifting like in delivery or construction work or use repetitive force such as intense use of a computer or machine keyboard, and more. If you are suffering because of pain in your fingers, arm, wrist, back, legs, or another body part because a repetitive task has taken its toll, then it is time to get help.


When should I hire a workers comp lawyer?
  1. Nobody expects to be hurt at work, and while most of us have heard of workers' compensation, a lot of us don’t know just how complicated and difficult it can be to get compensation. Workers who have been hurt on the job need to know their legal rights and responsibilities, as well as those of the other involved parties, like their boss and their employer's insurance carrier.


    Workers need to know their options, and retaining a workers' compensation lawyer can help them through the claims process.


    Can I still receive workers' compensation benefits if the accident was my fault?

    Part of the purpose of the workers' compensation system is to provide benefits to injured workers without the need to prove who was at fault for the accident. However, there are some instances when a worker won't receive benefits.


    For instance, a worker won't receive benefits for self-inflicted injuries, those that result from fighting or horseplay, or for injuries that occur when the employee is under the influence of alcohol or illegal drugs.


    Will I be able to go back to my old job?

    If you're able to perform the same type of work after you recover from your injuries, your employer must give you the next position that becomes available, but they don't have to fire the person who replaced you in order to give you your job back. If you're able to work in some other type of job that your employer has available, they should place you in that position.


    How much is a typical workers' compensation settlement?

    Before any settlement is reached, we formulate what your compensation should be based on:


    • → Medical treatment to date

    • → Future medical treatment, like surgery

    • → Lost wages and any future wage loss

    • → Disability payments, if applicable


    Even though our firm has recovered millions for injury victims, every workplace accident case is different. Workers' compensation insurance adjusters know we meticulously prepare every case. That’s why they typically offer our clients a great settlement long before a case ends up in court. Every insurance adjuster and opposing lawyer in New York is well aware that we research and prepare each case as if it’s going to trial. So, they typically offer our clients a very good settlement out of court. They know we’re a formidable opponent and don’t want to go to trial against us. We can help you get a higher New York workers’ compensation claim settlement. Contact us today for your free consultation.

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Suffering from a physical or accidental injury?

We look forward to listening to your story, talking with you about your legal options and helping you move forward.