What Are My Rights to Workers' Compensation?

Capital District, New York, Workers' Compensation Attorneys

One of the first questions for most injured workers is: What are my rights to Workers' Compensation? If you have been injured or suffered an illness that prevents you from being able to work, this is an extremely important question. For most people who are unable to work due to illness or injury, Workers' Compensation benefits are the only hope they have of surviving financially and providing for their families.

We can help you obtain the benefits you need. At Silverman, Silverman & Seligman, P.C., we have decades of experience helping injured New York workers obtain much-needed Workers' Compensation benefits. Our lawyers have dedicated their careers to helping people like you. It is important to know your rights and the scope of benefits available to you in the Workers' Compensation program. We have a thorough understanding of these issues. We can answer your questions and help you through the Workers' Compensation process. Our office has attended tens of thousands of hearings, ALWAYS representing the injured worker. Despite requests to do so, we have NO insurance company clients.

Your Workers' Compensation Rights

The most important aspect of your Workers' Compensation rights is this:

Almost without exception, if you have been injured on the job, you are entitled to Workers' Compensation benefits, period.

For the most part, it doesn't matter if you did something irresponsible on the job to cause the accident that led to your injuries. You are entitled to compensation for work-related injuries and illnesses. This benefit is assured ms. They can claim that the injury is less severe than it really is, that the injury was not really caused by the workplace accident, or that you failed to follow the procedures and timelines necessary to retain eligibility for benefits.

We have handled thousands of these cases. We can help you through the Workers' Compensation process, including the initial filing and appeals, to make sure you get your benefits.

Schenectady Work Accident Lawyers ∙ Free Consultations

We serve clients in all upstate Capital District counties. If you have experienced a work-related injury, you can talk with one of our experienced lawyers. Call 518-631-4521 or contact us online for a free initial consultation with a New York work injury compensation attorney.

Bold labels are required.

• What do I need to show to obtain Workers Compensation benefits?

  
  In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.

• If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?

  
  If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

• Am I required by law to have an attorney?

  
  No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.

• The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?

  
  This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.

• Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?

  
  Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.

Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338