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Workers Compensation Lawyers

What is Workers Compensation?

Workers compensation is the payment for a portion of your lost wages and all related medical benefits that an employee is entitled to if they are in an accident, contract an occupational disease or are otherwise hurt on the job. It does not matter who was at fault, as long as the injury arises out of, and, is in the course and scope of the employment.

Finding a Workers Compensation Attorney

The following list provides some helpful information about where to find a qualified Workers Compensation Attorneys…
Bar Associations such as The New York City Bar Association Legal Referral Service (LRS) can give you the name of a lawyer who specializes in workers compensation law. LRS ensures these lawyers are qualified and insured. Referrals to experienced lawyers in New York, California, Texas and Kentucky may also be found on the web by clicking on the location on the map on the left or by going to this website - www.ilawyer.org.

For worker compensation matters outside of New York, California, Texas and Kentucky you can find other bar associations at http://www.abanet.org/legalservices/lris/directory/

Need more answers on Workers Compensation Law? Learn More!

Ask family members, friends, and co-workers who have had positive experiences with a lawyer who represents individuals with work related injuries. This is a very specialized area of law that most lawyers are not knowledgeable about. Lawyers that handle workers compensation generally do not handle any non-related areas of law.

Things to look for when you are choosing a workers compensation lawyer:

• Years of experience
• Knowledge about your particular type of injury
  
• Understanding of the type of work you do and the hazards connected with it
  
• Specialization in workers compensation law
  
• Ability and willingness to listen to you, return calls promptly and explain the law to you
  

What is the cost of hiring a workers compensation lawyer?

Workers compensation lawyers are paid on a contingency fee basis, which means you do not pay any money up front. There is no consultation fee for workers compensation cases. If you are awarded money for your case, the Workers Compensation Law Judge will determine what the lawyer should receive. The attorney’s fees are deducted from the amount you are awarded. You must not pay a workers compensation lawyer directly.

What if my injury occurred at work but was caused by a person or company other than my employer?

If your injury was caused or contributed to by someone other than your employer or co-employees you may have a Third Party Action in addition to your workers compensation claim. Third Party Actions include lawsuits against equipment manufacturers, other contractors, general contractor, landowners, facility owners and other non-employer parties whose products or services contributed to the occurrence of an accident. Under Workers Compensation Law, a compensation claim is a workers' sole remedy against the employer, but lawsuits may be initiated against third parties for contributory negligence, product defects, etc. Such lawsuits are important to consider because they may allow you to collect money damages for pain and suffering, full lost wages and future wages and other losses that are not generally available in a Workers Compensation award.

I was working on a construction site when I was hurt do to an unsafe condition. Am I still restricted to workers compensation or may I sue for pain and suffering and full lost wages?

There are special rules in New York regarding accidents at constructions sites caused by unsafe work conditions. This may entitle you to a negligence claim and full damages including pain and suffering and lost wages and compensatory damages. Rather than a workers compensation lawyer, a negligence or personal injury lawyer should be consulted.

How to Look for a Third Party Claim:

If the equipment you were using was faulty, the manufacturer may be liable for damages. If there is a maintenance company or custodian who is responsible for keeping your workplace clean or safe and that company’s actions contribute to causing your injury, they may be responsible to pay your additional damages. A vehicle owned, operated or repaired by someone other than your employer may have injured you. Chemicals you use at work may have been negligently manufactured or instructions for safety precautions poorly written. Think about all the factors that led to your injury or disability and explore who else may bear some responsibility.

Workers Compensation vs. Personal Injury Actions

Workers Compensation is not a lawsuit. Your claim is for insurance money that your employer is required to have available in case employees get hurt on the job. Workers compensation does not pay for your pain and suffering nor do they seek to punish the employer. It only covers a portion of lost wages and medical treatment. You do not have to prove that your employer was at fault or did anything wrong. It is only necessary to show that you were at work when you were injured work and that the injury was caused by the work.

The Initial Consultation with Your Workers Compensation Lawyer

At the initial consultation, your workers compensation lawyer will ask you details about your accident. You will need to provide information about how, when, and where the accident occurred, and the extent of your medical treatment since then. Expect to fill out forms and medical releases.

The workers compensation lawyer will eventually want to review:

• How you were injured
• Where you were injured
• Evidence of your income
• Name and address of your employer
• Name and address of your doctor
• Emergency room records
• Names of witnesses to the accident

How Long Will My Workers Compensation Case Take?

Notify your employer and begin the paperwork immediately. The length of your workers compensation case depends on many factors, such as the type of injury, whether you underwent surgery, when the surgery took place, etc. If the case is being disputed, it may take one to two years to be resolved.

An affordable 30-minute consultation is included with every contracts attorney referral.