Workers' Compensation FAQs

Answering Your Workers’ Compensation Questions

As highly experienced work injury lawyers with an extensive roster of successes, The Klein Law Group, P.C., answers a lot of questions about workers’ compensation on a daily basis. Many clients who visit our office for a free initial consultation are lost and confused, and just want answers to their questions, such as:

Am I eligible for workers’ compensation?

If you were injured on the job, it is likely that you qualify for workers’ compensation. The main qualifications for this benefit include you being employed while injured, your accident happened while you were working and your employer had workers’ compensation insurance when you were injured.

If my employer caused the injury, should I file a lawsuit?

If your employer was liable for your injuries, a workers’ compensation claim could help you earn the compensation you deserve. You may be able to file a claim against a liable third party in addition to your workers’ compensation claim, however.

What if another party caused my injury?

If a third party caused your injuries while you were working, you might be able to secure compensation by filing a claim against them in addition to your workers’ compensation claim. Common examples of a liable third party include subcontractors, passing civilians and manufacturers of defective products.

Can I choose my own doctor?

As long as your doctor is approved by the New York Workers’ Compensation Board, you should be able to see your own doctor. However, if your employer is part of a preferred provider organization (PPO), they can provide you with a list of preferred providers. They are required by law to offer you at least two options for medical specialists and hospitals.

If my employer offers me a different job, do I have to take it?

After an injury that is so severe that it impacts your ability to perform your job, your employer may give you the option of taking a new position. If your doctor okays you to work in this new position, you are likely required to take the new position. Even if the new role is not the best fit for you, showing that you are making an effort can benefit your claim in a workers’ compensation case.

If I’m a New York City employee and I’m hurt on the job, can I sue the city?

It is possible to sue the city for your workplace injuries, even as a city employee. If you were injured by someone working for another agency outside of the one you work in, you may be able to sue the city for your injuries in addition to filing a workers’ compensation claim for being hurt on the job.

What should I do if I’ve been injured at work?

Your health and safety should be your first priority. Notify your employer immediately and see a doctor right away. Once you are out of immediate danger, it is wise to speak with a workers’ compensation attorney to learn more about filing a claim for benefits.

What benefits are available?

After seven days off the job, workers’ compensation may provide up to two-thirds of your weekly wage and reimburse medical care directly related to the injury. Supplemental income and death benefits are also available in certain situations. However, these benefits are not guaranteed and it is important to file your claim correctly to avoid missing out. Learn more about available workers’ compensation benefits.

Can I be fired for filing a workers’ compensation claim?

Some employers try to retaliate against injured workers by terminating their employment after they file for workers’ compensation. This is not only unethical, but also against the law. If this has happened to you, talk to an attorney as soon as possible to protect your rights.

What if my claim is denied?

Sometimes legitimate workers’ compensation claims are denied, but that is no reason to give up pursuing the benefits you deserve. It may be possible to appeal to the New York Workers’ Compensation Board. A lawyer can help you evaluate your options and plan your next steps.

Get The Answers You Need. Call For A Free Consultation.

Your first consultation, either at one of our NYC office locations or over the phone, is completely free. We only collect attorney fees if we succeed in securing compensation for you. To learn more and arrange a case evaluation, please send us an email or call 917-639-5350.

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