New York State Workers’ Compensation Benefits Lawyers

In New York, if you suffer a work-related injury or illness, you may be entitled to Workers’ Compensation benefits.  Workers’ Compensation benefits include medical insurance, payments for lost wages, permanent injuries, and reimbursement of out-of-pocket expenses.

You may be eligible for Workers’ Compensation benefits even if you are not a United States citizen or if you work “off the books.”  In certain cases, you may be eligible for Workers’ Compensation benefits for injuries or illnesses that occur before or after work hours.  However, the Workers’ Compensation Law places restrictions on how you can prove your claim.

Your Workers’ Compensation benefits claim must be properly filed with your employer, your employer’s insurance company, and the State of New York.  Failure to properly file your claim may result in lost benefits.

Unfortunately, the Workers’ Compensation insurance company will not grant you benefits just because you apply for them.  The insurance company is represented by attorneys who will deny your claim for benefits.  In addition, substantial medical evidence must support your claim for Workers’ Compensation benefits.  Other factors may also affect your receipt of Workers’ Compensation benefits.  Most applicants must be examined by insurance company doctors and request hearings before a Judge in order to obtain Workers’ Compensation benefits.

Depending upon the cause of your injury or illness, you may also be able to file a New York personal injury lawsuit for additional awards.  In certain cases, you may also sue your employer or a co-worker for your injuries. Get in touch with our experienced New York Workers’ Compensation benefits lawyers.

Construction Accidents

BBNRLaw_helpcenter_video_contructionaccidents

Will I be able to be compensated if I am injured on the job at a construction site?
Yes, depending upon the facts.  Workers’ Compensation will usually be available since it was an injury occurring while working on the job.  Further, the law may also allow a suit against a party other than your employer. In addition to a workers’ compensation claim, under the New York State Labor Laws, the owner of a building being worked on and the General Contractor may be responsible for the injury caused to a worker.  Any contractor supervising the worker may also be legally responsible for the accident.  There are several sections of the New York State Labor Law that may apply and only an experienced construction accident attorney will be able to properly advise an accident victim about his legal rights.

If I fall from a scaffold or ladder, will I have a lawsuit?
Generally, a fall from a scaffold or ladder will impose liability, but not every case. There are many factors involved, including whether safety devices were provided and whether the worker failed to use available protective devices.  Some common sense rules apply and if a scaffold breaks from underneath a worker or a ladder falls down for no apparent reason, there will generally be liability against the owner or contractor.  However, only an experienced New York construction accident attorney will be able to evaluate the merits of the case.

What if an object falls on me from above at a construction site?
Generally, an object falling on a construction worker will also impose liability, but the facts of the case must be reviewed before any determination of liability is made.

What if I am injured during a demolition of a building?
If a building falls down injuring a person or dirt caves in from insufficient shoring, the owner or general contractor may be liable.

What if I am an illegal or undocumented worker involved in a construction accident?
The law in New York State protects undocumented workers involved in construction accidents as well as other personal injury lawsuits.  There are some cases however when such a worker may be prevented from pursuing a claim for lost wages.  This will depend upon a number of factors including whether the employer knew the worker was undocumented and whether the worker submitted false documentation to deceive the employer about his work status.  Regardless, the undocumented worker will always have a right to recover for his pain and suffering like any other injured worker.

Medical Malpractice Attorneys New York

BBNRLaw_helpcenter_video_medmalpractice

What should I do if I believe a doctor committed medical malpractice while treating me?
Get your medical records from this doctor or hospital as soon as possible including records from any subsequent treating doctors for your injuries.

What must I prove to have a case for medical malpractice?
You must prove that the doctor departed from accepted medical care causing you injuries.  Sometimes doctors make mistakes, but not all mistakes rise to the level of a departure.  Sometimes there is a departure of accepted care but no injury results because the problem is timely corrected.  If the injuries from a departure are not very serious, it is usually not cost effective to commence a suit considering that medical malpractice cases are expensive to litigate.

Are medical malpractice cases expensive to litigate?
In New York State, you must have a another physician of a relevant specialty review the appropriate medical records and determine if there is a good faith basis to proceed with a suit. The doctors will usually charge for their time by the hour.  When hundreds of pages of medical records need to be reviewed, the costs for the initial review could be several thousands of dollars.  Once a case is taken, the medical expert will need to be consulted throughout the case and review the deposition transcripts of the parties and other medical records.  The medical expert will also be needed to testify at trial and some charge between $5,000 to $15,000 to testify.  The costs of a medical malpractice suit can easily rise to $50,000 dollars and more. Therefore, unless the injury is significant, it may not be worth the expense of litigating the case.

How long do I have to commence a lawsuit for medical malpractice?
Generally, the time to commence a lawsuit is two and a half years from the date of malpractice; however, there are many different rules that have expanded or earlier time periods depending on the age of the injured person, the defendant, the type of malpractice, and whether treatment for the condition has continued beyond the initial medical departure. A claim against a municipal defendant such as a city hospital will require immediate paperwork to be filed within 90 days of the accident. Only an experienced New York medical malpractice attorney after speaking with the client and reviewing the records will have a better idea of when the statute expires and what needs to be filed.

Is there a chance my medical malpractice case will settle?
All cases have a chance of settlement depending upon many factors.  If the demand to settle a New York medical malpractice case is too high based upon the facts of the case, it will likely not settle. Likewise, if the offer to settle a NYC medical malpractice case is too low the same result will occur.  Attorneys on both the plaintiff and defense side try to evaluate each case and determine a fair settlement value, but sometimes the parties cannot agree and a case goes to trial for a jury to decide.  The client plays a significant role in this result as well.  It is always the client’s decision on whether to settle the case and for what amount.  The medical malpractice attorney is there to give guidance on what a fair amount to settle is for the case.  If the client decides to settle for a lesser amount, that is the client’s choice.  The client must remember that a settlement is a guaranteed monetary award while going to a jury involves the risk of getting nothing, so settlements are always preferred.  These are important decisions that must be discussed with an experienced medical malpractice attorney New York.

New York Auto Accident Lawyers

BBNRLaw_helpcenter_video_autoaccidents

What should I do if I am involved in an auto accident?
Call the police and an ambulance if injured. If you are physically able after a car accident, you want to exchange information with the other driver. Get the person’s name, license plate number, and insurance information.

Should I take photographs at the scene?
Yes. Take photographs of the vehicles involved, of the roadway, of the all sides of the vehicle, and distance shots to show the vehicles in comparison to the roadway and each other.

Who will pay my medical bills?
The motor vehicle insurance company for vehicle you are in will generally be responsible to pay your medical bills. We call this the “no fault” carrier. However, which motor vehicle will be responsible will also depend upon what vehicles were involved and whether a pedestrian is the injured person. Either way, you must not use your private health insurance initially to pay your medical bills.

Who will pay my lost wages?
Just like the medical bills, the “no fault” insurance carrier will pay the lost wages up to a certain amount.

Do I need to fill out any paperwork right away to get my lost wages and medical bills paid?
Yes, you must send a completed “no fault” application form within 30 days of the accident, otherwise, you may lose all rights to these benefits.

What should I do if I am involved in a “hit and run” accident?
You must immediately and no later than 24 hours have a police report filed. Call the police from the scene immediately after the accident occurs.

Will I always be able to recover money compensation for my injuries resulting from a motor vehicle accident?
Unfortunately, no. Under the guise of “tort reform” the legislature over 30 years ago passed a law to curb motor vehicle litigation. Even if an accident is completely the fault of another driver, you will not be able to recover unless you have a “serious injury” as it is defined under this law. A fracture of any bone is deemed a “serious injury,” but the typical whiplash and disc injuries caused by a New York auto accident will usually not meet the “serious injury” threshold unless there is extensive loss of function.