WORKERS' COMPENSATION
Know your rights as an injured worker.
If you are injured on the job or suffer from a work-related illness or disease, the New York State Workers' Compensation Law guarantees you certain rights and benefits.
The law guarantees that 100% of medical costs are paid for by your employer or its insurance carrier. You have the right to see the doctor of your own choice. The law provides for a lost wage benefit up to a maximum rate of $400 per week. The law also provides for a cash benefit for a permanent injury or impairment in certain circumstances. Under the Workers' Compensation Law, you also have the right to a hearing before a Workers' Compensation Law Judge to address any disputed issues you may have with your employer or its carrier.
Over the past several years, the Workers' Compensation Board has made changes in the way it administers claims, often to the detriment of the injured worker. In the past, the Board would automatically schedule a hearing in instances where the worker lost time from work or suffered a serious injury. Currently, however, the Board places the burden on the injured worker to prepare his case, obtain medical evidence of permanency, and request a hearing.
If your weekly compensation payments have been reduced, or if you have had surgery, a broken bone, facial scar, or if you have any permanent limitations or restrictions, you have the right to a hearing before a Workers' Compensation Board Law Judge to consider further monetary awards provided for under the law. YOU WILL NOT GET AN AWARD FOR A PERMANENT INJURY UNLESS YOU HAVE A HEARING. EVEN IF YOUR CASE HAS BEEN CLOSED, YOU MAY BE ENTITLED TO ADDITIONAL AWARDS OR BENEFITS UNDER THE LAW.
You should consult an attorney who regularly practices before the Workers' Compensation Board to discuss your case.
Contact McMahon, Kublick & Smith, P.C. today.
McMAHON, KUBLICK & SMITH, P.C.
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