New Yorkers work hard to earn a paycheck and cover expenses in a state with a high cost of living. What happens if a worker gets injured and is unable to work? The good news is that employers must carry workers’ compensation insurance, which ensures that the injured employee gets money while sidelined from work. The bad news: It’s not enough money.
According to a New York Daily News article, the minimum weekly payout for workers comp is $150, which is less than half of the amount received by injured workers in five neighboring states. New York State uses a formula that means, in the best-case scenario, injured workers will take home two-thirds of their lost wages.
A compex application process
Each year, about 115,000 people get hurt on the job and need to collect through workers’ compensation, according to a report from the Center for New York City Affairs. The process of applying for benefits can be complicated. The final settlement can depend on several different factors, including, but not limited to:
- The type of injury sustained by the worker
- The doctor’s evaluation
- The worker’s expected recovery time
- Types of treatment or rehabilitation
The workers' compensation insurance company will also consider whether the employee is unable to return to work and if the disability is temporary or permanent, among other factors.
As the Daily News writes, workers putting in a claim will often need to jump over bureaucratic hurdles simply to collect the money they have a right to receive. Sometimes insurance companies deny benefits, even when the claim is legitimate. The worker must then decide whether to face the appeals process. In frustration, some of them simply give up.
How an attorney can fight for your benefits
Because of the complex nature of the claims process, it’s wise to speak with an experienced workers compensation attorney in New York as soon as possible after an on-the-job injury. The insurance companies have been raking in big profits for years. They won’t want to give claimants a dime more than they have to.
Don’t make the mistake of dealing with the insurance company or your employer on your own. Talk to an experienced attorney. Our lawyers understand the negotiating tactics used by insurance companies to keep payments to a minimum. They may toss out a lowball offer, saying it’s the best they can do, only to come back with a “final offer” when in reality they are prepared to continue negotiating.
Let us go to work for you while you focus on your recovery. Contact Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP for a free consultation.