Any number of occurrences can lead to an accident, injury, or illness, necessitating the services of a workers’ compensation attorney.
For New York or New Jersey residents who suffer a car accident, illness, injury, or accidents involving heavy machinery, workers’ compensation benefits or compensation via a third-party liability claim may apply. These benefits allow you to get fair compensation to help you pay for medical bills and treatment. They also compensate you for lost wages if you cannot return to work due to temporary or permanent disability.
At Sadaka Associates, we have been handling workers’ compensation cases since 2008. We have a team of workers’ compensation lawyers ready to review your case and provide guidance.
As we work on a contingency basis, your consultation with us will be risk-free. Contact us on our website or call 1-800-810-3457 to schedule a free initial consultation and case evaluation.
Injuries That Qualify for Workman’s Compensation
If you have sustained a work-related injury and live in New York or New Jersey, it is essential to understand your rights to pursue compensation. This is because you may not automatically qualify for workers comp after your injury.
To be eligible for workers compensation in these two states, you must meet the following conditions:
- You must be an employee of a company mandated to have workers’ compensation coverage under NJ or NY law
- You sustained the injury, disability, or illness because of a job-related activity
- You handed in a written notice of the illness or injury you sustained while in the performance of work duties to your employer within 30 days of it occurring
- You have obtained a certified medical report, which states that your injury, illness, or disability was due to an on-the-job occurrence, condition, or accident
Common work-related illnesses, accidents, or injuries that qualify for workers compensation include the following:
- Bus crashes/school bus accidents
- Construction accidents
- Electrocution/electrical accidents
- Harmful chemicals exposure
- Harmful diseases exposure
- Heavy lifting injuries
- Heavy machinery accidents
- Hospital workplace injuries
- Repetitive stress injuries
- Tunnel worker silicosis
- Utility worker asbestos
- Vision and hearing loss
- Work-related car accidents
Remember that employers and their insurance companies can dispute incidents that qualify for workers’ compensation, so hiring a workers’ compensation attorney is advisable. Our certified and experienced workers compensation attorney assigned to you will conduct a free evaluation of your work injury case and advise you on the medical and legal next steps.
Filing a Workers’ Compensation Claim in New York and New Jersey
Workers’ compensation legislation prevents injured workers from bringing a lawsuit against their employer or coworkers. However, injured parties can make a legal claim against other parties that may have caused a plaintiff to suffer work-related injuries or illnesses.
- Possible parties that plaintiffs can sue are:
- Manufacturers of defective materials, equipment, or tools
- Other drivers in a car accident, bus crashes, or car accidents
- Suppliers of harmful products
- Vendors responsible for installing/maintaining faulty equipment
At Sadaka Associates, our workers’ compensation attorneys and car accident and bus accident lawyers have in-depth knowledge of the law. They will guide you appropriately to build as solid a case as possible. Contact the Law Offices of Sadaka Associates at 1-800-810-3457 to speak to a certified workers’ compensation attorney today.
Workers’ Compensation Benefits in New York/New Jersey
Workers’ Compensation Benefits in New York
New York State law has provisions for different types of workers’ compensation benefits. The primary goal of these laws is to enable injured workers to avoid financial hardship and assist them on their return to work.
If you qualify for workers’ compensation in New York, you can receive the following benefits:
- 2/3 payment of your average weekly wage
- Compensation for reduced earning capacity due to a partial disability that causes a decreased ability to work
- Medical treatment from doctors and other health providers paid by the workers’ compensation provider
- Compensation for injuries to arms, fingers, hands, legs, feet, or even facial disfigurement (even if the injury does not prevent the worker from performing their work duties)
- Travel reimbursement for doctors, therapists, other health providers, and copays related to an injury, e.g., prescription medications, slings, crutches, or bandages.
Workers’ Compensation Benefits in New Jersey
New Jersey State was one of the first states in the U.S. to offer a workers’ compensation program.
New Jersey offers workers the following workers’ compensation benefits:
- Medical benefits: Covers all medical treatment necessary to relieve or cure the effects of the injury or illness beyond $50. Our workers’ compensation attorney will advise you to petition for medical expenses beyond $50. The employer may choose an authorized physician if your physician is unauthorized.
- Temporary total disability benefits: Covers 70% of your gross weekly wage subject to a minimum and maximum amount for no more than 400 weeks or until you have attained maximum medical improvement. This is due if your illness or injury prevents you from working.
- Permanent disability benefits to cover 70% of your gross weekly wage in the event of:
- Permanent total disability: Payable if the injured worker can never work at total capacity again due to work-related illnesses or injuries. Benefits are payable for up to 450 weeks and, in some cases, for life.
- Permanent partial disability: Payable if the injured worker sustains a disability that prevents them from working again at total capacity. Benefits are payable up to an amount set by statute or up to 600 weeks. For amputations, an additional 30% may be payable.
- Death benefits: Paid to survivors of a deceased employee. These benefits include funeral expenses and cover a maximum of 70% of the employee’s average weekly wage. Benefits may last for a maximum of 450 weeks or until the deceased worker’s dependent attains the age of 18 years (23 years if they were a full-time student).
Get Legal Help from a Sadaka Associates NY or NJ Workers Compensation Attorney
Workers Compensation: Frequently Asked Questions
If you are a worker who is injured while on the job, it is essential to know your legal rights and responsibilities and those of the parties, such as your employer and their insurance carrier. Retaining a workers’ compensation attorney immediately after the injury will help you understand your options and the claims process.
There is no one typical figure for workers’ compensation cases as each case is unique. However, our experienced workers’ comp attorneys will work hard for compensation that covers past, current, and future medical bills and treatments, disability payments, lost wages, and medical devices.
You are eligible for workers’ compensation benefits the moment you start working at your job. Workers’ compensation benefits apply regardless of the size of the company or the length of time the employee has worked.
The answer is no. Workers’ compensation is a no-fault system. This means that the benefits are payable regardless of who caused the injury (including you).
Many injured plaintiffs who were injured at work may fear losing their jobs after bringing a workers’ compensation claim against their employer. They feel that this action will cause their employer to lose money.
This is untrue. A majority of businesses in New York, New Jersey, and beyond carry workers’ compensation to pay for worker injuries. Your workers’ compensation claim should not harm your job security.
You must file a workers’ compensation claim within two years from any of the following:
- The date the injury occurred
- The last date you received authorized medical treatment
- The last date you received workers’ compensation benefits