Did you sustain injuries or develop a medical condition on the job in the Bronx, NY? Workers’ compensation laws don’t always make it easy to get the money you deserve. An experienced Bronx workers’ compensation lawyer at Oresky & Associates, PLLC can help you fight to recover fair compensation for medical bills, lost wages, and more.
We have over 30 years of experience protecting the rights of injured workers in NYC. Over the years, we’ve proven our skills by recovering over $400 million for our clients.
How Oresky & Associates, PLLC Can Help With a Workers’ Compensation Claim in the Bronx
The New York workers’ compensation system is anything but simple. You won’t automatically receive the benefits you deserve. You’ll first have to contend with piles of paperwork. Once you file a claim, your employer could challenge your right to benefits.
Our experienced Bronx personal injury attorneys at Oresky & Associates, PLLC will help you every step of the way. We’ve been fighting for injured workers for decades. Over the years, we’ve been rated by Super Lawyers and earned a spot in the Multi-Million Dollar Advocates Forum.
Hiring us means you’ll have an advocate to:
Help you navigate the claims process
File your claim on time
Handle an appeal if your claim is challenged or denied
Assess the value of your claim
Investigate your accident to see if you’re entitled to file a personal injury lawsuit
Negotiate with the insurance companies to maximize your compensation
Do you have questions about your workers’ comp claim? Call our Bronx personal injury attorneys for a free initial consultation today.
How Common Are Workers’ Compensation Claims in the Bronx, NY?
According to the Bureau of Labor Statistics (BLS), private industry employers reported about 2.7 million nonfatal work injuries and illnesses across the U.S. in 2020. 4.734 workers were killed in fatal workplace accidents that year.
The New York State Workers’ Compensation Board received 139.843 workers’ comp claims in 2020. Due to the COVID-19 pandemic, that number was down dramatically from the 181.560 claims submitted in 2019.
In 2020 alone, the insurance board challenged 15.507 workers’ compensation claims. In other words, workers’ compensation insurance companies challenged more than 10% of all claims in a single year.
What is My Bronx Workers’ Compensation Case Worth?
Overall, the factors that will influence the value of your workers’ compensation claim include:
Whether you can perform “light duty” work during recovery
Whether the injury will impact your future earnings
The cost of your medical care
Injured workers receive about ⅔ of their average weekly wages during recovery.
However, New York state law also limits the amount of workers’ compensation benefits you can receive. If you were injured at work after July 1, 2021, your weekly check is limited to $1,063.05 regardless of your income prior to the accident.
In other words, you might not even receive ⅔ of your wages each week. It’s also possible that you may be able to perform some work while you recover. If partial work is an option, your weekly check will be reduced to account for your earnings.
Do you have questions about your weekly benefit check? Call our workers’ comp lawyers in the Bronx for a free case evaluation today.
What Types of Damages Are Available Under New York Workers’ Compensation Laws?
Businesses in New York City are required to carry workers’ comp insurance for all employees. That includes part-time workers.
Workers’ compensation benefits provide:
Income replacement while you recover from your on-the-job injury or illness
Medical benefits
Survivor’s benefits
You have to follow strict rules to recover the full amount you’re entitled to receive.
Medical Expense Coverage
Under New York workers’ compensation laws, all reasonable and necessary medical expenses are covered, including:
Medical bills for doctor and hospital visits
Dental bills
Surgeries
Optometry
Medically necessary drugs
Medical devices
However, to receive these benefits, you have to visit a doctor that’s approved by the Workers’ Compensation Board (unless it’s an emergency).
The injury or illness keeps you off the job for at least seven days, or
Your pay is reduced during recovery because you’re working less or performing different work
Once you miss at least 14 days of work, you’ll also be compensated for the first seven days of disability.
The type of benefits you’ll receive depends on the nature of your injury. You may receive cash benefits for:
Temporary total disability
Temporary partial disability
Permanent total disability
Permanent partial disability
You may also be entitled to an award for hearing loss, vision loss, or loss of use of a body part.
At first, all injuries and illnesses are considered to be temporary. Later, your doctor will assess whether you’re able to return to work in a full or partial capacity. Once you’ve reached maximum medical improvement (MMI), it’s possible that your injury could be classified as a permanent disability.
Survivor Benefits
Surviving spouses, children, and other dependents are entitled to receive death benefits if a work accident is fatal.
Those benefits include:
Weekly cash benefits equal to ⅔ of the worker’s average weekly wages before the accident
Funeral and burial costs (up to $12.500 in the Bronx)
Surviving parents can receive a cash payment of $50.000 if there is no surviving spouse or children.
Can I File a Lawsuit for Additional Damages?
Under New York law, you give up your right to sue your employer for damages in exchange for workers’ compensation benefits. Negligent third parties don’t receive similar protections.
You may be able to file a personal injury lawsuit against:
Property owners
Negligent drivers if you were hurt in a car accident
General contractors
Third-party vendors or suppliers
Manufacturers of defective work equipment
In a personal injury lawsuit, you can recover compensation for:
Past and future medical expenses, including costs workers’ comp won’t cover
100% of your lost earnings
Reduced earning potential
Rehabilitation
Property damage
Pain and suffering
Mental anguish
Diminished quality of life
Disfigurement
Scarring
Anxiety, depression, or PTSD
Loss of consortium
Workers’ compensation only covers your economic damages. The value of your compensation award may be much higher if you’re also entitled to file a third-party claim. However, to recover those damages, you’ll usually be required to prove negligence.
Contact a Bronx Accident Lawyer for a Free Consultation
To learn more about how a construction accident attorney at Oresky & Associates can protect your rights, call us today to arrange a free case review. We’re available 24/7 to come to your aid.
Can I Recover Workers’ Compensation Benefits If I’m Being Blamed for a Work Accident in New York?
Yes. Workers’ compensation in New York is a no-fault system. You can recover damages if you’re partially or totally responsible for your work-related injuries or illness.
However, if you’re filing a third-party lawsuit, your damages can be reduced to account for your share of blame.
We’ll Fight to Recover Compensation for All of Your Work-Related Injuries and Illnesses
A serious injury can impair your ability to earn a living for weeks or months. At Oresky & Associates, PLLC, our Bronx workers’ compensation attorneys often represent clients who have sustained:
Do you have questions about your workers’ compensation benefits or rights under Social Security disability laws? Call our law offices in the Bronx for a free case review today.
What Causes Most Workplace Injuries and Illnesses in the Bronx, New York?
Some of the most common causes of work injuries and illnesses include:
Accidents involving cranes, forklifts, and heavy machinery
Exposure to toxic substances
Unsafe work conditions
You can file a workers’ compensation claim whether you were injured in an office building or on a construction site in the Bronx. However, it’s important to understand the cause of your accident. That way, your lawyers can fight to recover the full compensation you deserve.
How Long Do I Have to File a Claim After a Workplace Accident or Injury in New York?
You must notify your employer within 30 days of the accident or diagnosis of a work-related illness. You must also file an Employee Claim on Form C-3 within two years of the accident or diagnosis.
If you wait too long, you’ll forfeit your right to receive workers’ comp benefits.
Contact a Bronx Workers’ Compensation Lawyer for a Free Consultation
Were you or a loved one injured on the job in NYC? Call a Bronx workers’ compensation lawyer at Oresky & Associates, PLLC to learn more about your right to compensation today. As always, your initial consultation is free of charge.
Oresky & Associates — The Best Choice to Handle Your Claim
Our firm is known throughout New York for successfully overseeing construction accident claims. We bring more than three decades of experience to the table and have secured substantial verdicts and settlements.
We pride ourselves on delivering not just effective legal solutions but also personalized attention and care to each client, ensuring that you remain in the know throughout the process. To us, you aren’t just a case number — you’re a person who deserves justice for their injury.
Free Initial Consultation
We offer a no-cost, no-obligation initial consultation on all cases. Our talented legal team is ready to discuss the details of your accident, offering professional advice and assessing the strengths of your claim with years of experience backing us.
Around-the-Clock Availability
We understand that legal emergencies in the Bronx don’t always happen during regular business hours. That’s why our dedicated professionals are available 24/7 to provide you with support, guidance, and advocacy whenever you need it, day or night.
Legal Status Doesn’t Matter
At Oresky & Associates, we firmly believe in equal justice for all, regardless of legal status or background. Our commitment to your interests won’t waver, and we’ll strive to ensure that you receive the very best representation we can offer without regard to your immigration status.
No Fee Unless We Win
To make sure you can get the legal services you need regardless of your circumstances, we operate on a contingency fee basis, which means we don’t get paid unless we win your case. We’re dedicated to getting you a favorable outcome without any upfront financial burden.
I am so appreciative of Oresky and Associates! They are professional, knowledgeable and always responsive to all of my calls. They made me feel very comfortable with each step of the process and worked hard to achieve the best outcome. I couldn’t be happier and will always highly recommend!
Cristina Martínez Quevedo
Excellent law firm. Steven Labell, a highly skilled attorney at the firm is a dedicated advocate for his clients. I highly recommend their services.
Steven Eisner
Oresky is a great attorney who really listens and helps his clients. I have referred to multiple family members and friends and everyone has been very happy with their services. His staff is knowledgeable and caring. If you've suffered and accident don't hesitate, call Oresky.
Juan
We’re Ready to Review Your Case and Fight for You
Our convenient office locations in the Bronx, Queens, and Manhattan are staffed with bilingual staff members who are prepared to help you recover money for your losses. We will handle everything involved with your personal injury case.
I am so appreciative of Oresky and Associates! They are professional, knowledgeable and always responsive to all of my calls. They made me feel very comfortable with each step of the process and worked hard to achieve the best outcome. I couldn’t be happier and will always highly recommend!