Workers' Compensation

1. The Workers’ Compensation Law provides for the fair resolution of claims so that an injured worker can obtain fully paid medical care and a measure of his or her gross wages for lost time as a result of an injury at work. 

The following questions often arise in the course of a claim:

  • Am I getting the right amount of benefits?
  • Am I entitled to an award?
  • Why is my treatment being delayed? 

It is important to know that the fee of an attorney for services to a claimant is contingent upon an award of benefits to the claimant. The attorney cannot charge a fee if there is no award of cash benefits. Further, in order to collect a fee out of such award, the attorney must request payment of the fee to be awarded by a workers’ compensation law judge. Payment of such fee can only be made upon order of the Workers’ Compensation Board. Upon such order, the insurance carrier -- not the claimant -- must pay the attorney directly out of the award due the claimant. 

It is important to remember who the parties are in a workers' compensation claim. The injured worker is called the "claimant". The employer is responsible for benefits claimed by the claimant. The employer typically obtains insurance for workers' compensation claims. The insurance carrier responsible for that coverage would respond to the claimant on behalf of the employer in the event of any claim.

The Workers’ Compensation Board is an agency of the State of New York and is charged with impartially resolving claims. The Board employs workers' compensation law judges to hear and adjudicate claims. 

Please Contact Us about any questions you may have about your claim.

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