Newburgh Workers’ Compensation Lawyer
Finkelstein & Partners
1279 Route 300
Newburgh, NY, 12551
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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959
Newburgh employees have certain rights regarding workplace safety, including being reimbursed for medical expenses and lost wages when they suffer injuries at work.
The workers’ compensation process is complex, and one mistake can result in claim denial. The Newburgh workers’ compensation lawyers at Finkelstein & Partners will work to ensure that you recover the compensation and other damages you deserve, including the medical care you need for a quick recovery.
If your injuries cause permanent disabilities, we will fight for the benefits you deserve in the long term. Contact us for a free case evaluation. You do not have to navigate this stressful time alone—our team is here to help.
Qualifying for Workers’ Compensation Coverage
For New York workers’ compensation to cover your injuries, the accident must meet these requirements:
- Your employer must have coverage under New York law.
- You must be a covered worker.
- The injuries you suffered must directly connect to your job.
- If you lost a loved one because of a workplace accident, the injuries that caused your loved one’s death must directly relate to their job.
- The accident must have occurred while you were doing your job.
- You notified your employer in writing of the event that caused your injuries. While the notification should occur immediately, you have 30 days to make the notification.
- The physician who treated you must state that the on-the-job accident caused the injuries, illness, or death.
How a Newburgh Workers’ Compensation Lawyer Can Help
The workers’ compensation process is complex and often takes time, especially if your injuries are permanent or you lost a loved one in a workplace accident. The Workers’ Compensation Board also has strict deadlines. Missing a due date could jeopardize your claim.
The Newburgh workers’ compensation lawyers at Finkelstein & Partners can relieve the stress of applying by:
- Ensuring your application meets the requirements of the workers’ compensation board and is submitted on time
- Investigating your case to establish negligence that caused your injuries or loved one’s death
- Gathering evidence, including surveillance camera videos, witness statements, and statements from first responders
- Obtaining accident reports, medical records, your work records, and information on previous claims against the employer
Your Newburgh personal injury lawyer can also represent you in hearings in front of New York’s workers’ compensation board if necessary. Additionally, you may be able to file a personal injury lawsuit in some cases. The team at Finkelstein & Partners knows how to handle various complex cases and can advise you of your options.
If a third party is liable for your injuries or contributes to the accident, our team can also file a third-party lawsuit in addition to your workers’ compensation claim.
Third parties who might get involved include:
- Subcontractors
- A product manufacturer
- A vendor
- Another driver not associated with your employer
Types of Workplace Accidents
Injuries and illnesses can happen in most industries. However, certain industries, like construction, have a higher rate of workplace injuries because of the type of work and equipment involved.
Some types of workplace accidents include:
- Repetitive stress injuries such as carpel tunnel syndrome, tennis elbow, or rotator cuff injuries
- Hearing loss or deafness caused by loud equipment, explosions, or ammunition
- Vision loss
- Diseases and conditions caused by harmful exposure to chemicals or fumes, including cancer
- Burns and other injuries from working with chemicals
- Lung conditions or cancer caused by working with toxic substances
- Construction accidents, including falling from heights, heavy lifting, and construction vehicle accidents
- Work-related car and truck accidents
- Hospital workplace injuries and illnesses
- Illnesses from exposure to asbestos
- Lifting injuries
- Tunnel worker silicosis
- Machinery accidents
How Does Workers’ Compensation Work?
Immediately after a workplace accident, the employee needs to obtain medical care, then notify their employer, a supervisor, or a manager about the accident. The employer then reports the injury or illness to the Workers’ Compensation Board and the workers’ compensation insurance company.If you wait to obtain medical assistance, the insurance company and the Workers’ Compensation Board could deny your application, claiming that the accident did not cause your injuries.
You have up to two years to file an Employee’s Claim for Compensation (Form C-3) with the Workers’ Compensation board. The time starts at the date of the accident or the date you found out the illness is related to your job. The Board strictly enforces the dates, and the sooner you file a claim, the sooner you can start receiving benefits.
Recovering Damages After a Workplace Accident
Injured workers often ask how much a typical workers’ compensation settlement is. There is no definite answer. The damages you can recover depend on your injuries and other factors.
You can recover damages including:
- Costs of medical treatment to date and in the future, such as for future surgeries and doctors’ appointments
- Other medical expenses like prescriptions, ambulatory aids, physical therapy, occupational therapy, cognitive therapy, and psychological therapy
- Lost wages
- Loss of future earning capacity, even if you can work, but injuries force you to take a lower-paying position
- If applicable, disability payments
Appealing a New York Workers’ Compensation Board Decision
If Workers’ Compensation denies your application or the benefits are not enough, you can appeal by asking for a New York Workers’ Compensation Board review in writing. The insurance company can also ask for an administrative review. Three Board members will review the case and could rescind, modify or affirm the decision. They could also restore the case by putting it back on the calendar to allow more time to collect evidence to develop the record.
If the panel does not come to a unanimous decision, any interested party can ask for a full Board review. This request must be in writing. You can also appeal your case to the New York State Supreme Court.
If the full Board does a review, it must rescind, modify or affirm the decision. Additionally, either party could petition the Board for a discretionary full Board review. The Board can deny the request or rescind the panel’s decision. A new panel forms if the Board rescinds the original panel’s decision.
If you choose to appeal to the New York State Supreme Court’s Appellate Division, the process is complex and can be lengthy. Have a Newburgh workers’ compensation lawyer represent you in the appellate process so that you are sure to meet any deadlines imposed by the court.
New York Workers’ Compensation Death Benefits
If a work-related injury causes the death of a loved one, the lawyers at Finkelstein & Partners can help your family seek death benefits. The surviving spouse, children, or the decedent’s estate can file a death claim. Benefits include funeral and burial expenses and indemnity compensation benefits.
In some cases, if the deceased would have been able to file a personal injury case if they had not died, the family could file a wrongful death lawsuit and receive benefits from workers’ compensation. A personal injury lawsuit would allow them to recover additional damages, including pain and suffering, emotional distress, loss of consortium and companionship, and inconvenience.
Newburgh Workers’ Compensation FAQs
When is the best time to retain a workers’ compensation lawyer?
Retain a Newburgh workers’ compensation lawyer as soon as possible after you suffer workplace injuries. The process is complicated, and missing a due date could be catastrophic to your claim. You have rights and responsibilities, as do your employer and insurance carrier. You also have options, whether your case gets denied or you receive benefits that are not fair. A Newburgh workers’ compensation lawyer can make the process less stressful and ensure that everything is submitted correctly.
How do I pay a workers’ compensation lawyer?
Finkelstein & Partners typically work on a contingency basis. Under a contingency fee agreement, your initial case evaluation is free, and you only pay us if we win your case. Contact our office today for a free case evaluation.
Can workers’ compensation deny my claim even if my employer accepts it?
Yes. If you did not follow the steps in the claim process, including reporting your injury in writing in the correct amount of time, the Board could deny the claim. Not obtaining medical attention could also cause the Board to deny your claim.
Additionally, your employer might decide your claim is not valid or that your job did not cause your illness or injury. Many things can happen to cause a claim denial. An experienced Newburgh workers’ compensation lawyer can help you through the stress of filing and working through denials and appeals.
Does workers’ compensation cover work-related illnesses like cancer?
If you become ill because of work-related activities, you can recover the same benefits as an injured worker. However, the illness must result from your work, such as an asbestos-related illness if you work with asbestos.
If you have an occupational disease, you must file a claim within two years of the disability date or two years from the date you should have known that your occupation caused your illness.
In this situation, contact a Newburgh workers’ compensation lawyer immediately upon learning of your illness, as the filing deadline can be hard to determine. These cases can also be tougher to prove, so having a knowledgeable legal team to guide you through the process will help.
If a workplace accident is my fault, can I still collect benefits?
Workers’ compensation is a no-fault system, so in most cases, even if the accident is your fault, workers’ compensation will cover you. However, the system does have some exceptions, including if the victim engaged in dangerous horseplay or violated safety rules.
Your employer might accuse you of actions that could cause a claim denial; retain a Newburgh workers’ compensation lawyer to help you file your claim and avoid these accusations, even if you believe the accident was not your fault.
If I can no longer perform my job because of permanent injuries, but I can work at a lower-paying job, do I lose my benefits?
If you have to take a lower-paying job, you could receive reduced earnings through workers’ compensation.
Contact a Newburgh Workers’ Compensation Lawyer
When you suffer injuries or lose a loved one in a workplace accident, your life turns upside down. You suddenly have less income coming into the home and have no idea how you will pay the household bills and put food on the table. While your health insurance may cover some of your medical expenses, it probably does not cover all of them. Furthermore, you still have to pay the mortgage, utilities, and other bills.
Applying for workers’ compensation can help you get through the tough times. While the benefits you receive are not your full wages, you have benefits to pay bills and buy food. Since the system is complex and requires proper evidence, you need the help of an experienced Newburgh workers’ compensation lawyer. Retaining a workers’ compensation lawyer also reduces the stress of filing a claim; you do not have to worry about missing deadlines or submitting incorrect applications.
Contact Newburgh workers’ compensation lawyers at Finkelstein & Partners at (845) 562-0203 for a case evaluation. Your initial case evaluation is free and without obligation. We would love to help you settle your workers’ compensation case.
Our very first office was opened in Newburgh in 1959, and we are proud to say our headquarters is still located in the heart Newburgh. Whether it is providing exceptional legal representation or giving back to our community, we strive to give our all.