Workers' Compensation Lawyers in Brooklyn, New York

Brooklyn, the most populous borough of New York City, is a vibrant tapestry of diverse neighborhoods, each with its own unique character and charm. The borough's economy is as diverse as its population, with thriving sectors in technology, healthcare, manufacturing, and the creative industries. As such, workers' compensation is a critical safety net for Brooklyn's workforce, covering a range of workplace injuries from construction accidents to repetitive strain injuries.

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Lawyers for Brooklyn Workers' Compensation Cases

At the Porter Law Group, we understand the challenges that come with workplace injuries in Brooklyn. If your workers' compensation claim has been denied or you've been offered a settlement that doesn't fully cover your losses, our experienced personal injury lawyers are here to help. We have an in-depth understanding of New York's workers' compensation laws and can fight to ensure you receive the full benefits you're entitled to.

Our team is well-versed in handling complex cases, from manufacturing defects to third-party liability claims. We'll work tirelessly to investigate your case, gather evidence, and build a strong argument on your behalf. Don't settle for less than you deserve – contact us or view the results we've achieved for previous clients and see how we can help you.

Who is Entitled to Workers' Compensation?

In Brooklyn, most employees are entitled to workers' compensation benefits if they suffer a work-related injury or illness. This coverage extends to a wide range of accidents and injuries, including:

  • Slip and fall accidents on work premises
  • Injuries from machinery or equipment
  • Repetitive strain injuries
  • Occupational diseases
  • Mental health conditions like PTSD related to work
  • Injuries sustained during work-related travel

It's important to note that workers' compensation covers injuries that occur during the course of employment, regardless of fault. Even if you made a mistake that led to your injury, you're still eligible for benefits. However, injuries that occur outside of work or due to intoxication may not be covered.

What Benefits are Covered by Workers' Compensation?

Workers' compensation in Brooklyn provides several key benefits to injured workers:

  • Medical treatment. All necessary medical care related to your work injury is covered.
  • Wage replacement. You can receive a portion of your lost wages while you're unable to work.
  • Disability benefits. If your injury results in permanent disability, you may be eligible for ongoing payments.
  • Vocational rehabilitation. If you can't return to your previous job, you may receive training for a new occupation.
  • Death benefits. If a worker dies due to a work-related injury, their dependents may receive benefits.

It's important to understand that workers' compensation doesn't cover everything. Unlike in personal injury cases, you can't claim damages for pain and suffering or loss of enjoyment of life. That's why it's crucial to have experienced attorneys like those at the Porter Law Group to ensure you're getting the maximum benefits available under the law.

Contact us to learn more about how we can help maximize your compensation.

How Do You Claim Workers' Compensation?

Claiming workers' compensation in Brooklyn involves several steps:

  1. Report the injury to your employer as soon as possible, ideally within 30 days.
  2. Seek medical attention and inform the healthcare provider that your injury is work-related.
  3. File a claim with the New York State Workers' Compensation Board using Form C-3.
  4. Your employer should file a First Report of Injury (Form C-2) with their insurance carrier.

The Workers' Compensation Board will review your claim and determine your eligibility and the amount of compensation you should receive. If there's a dispute, you may need to attend hearings before a Workers' Compensation Law Judge.

This process can be complex and intimidating, especially when you're dealing with an injury. That's where the Porter Law Group can help. We can guide you through each step, ensuring all necessary documentation is filed correctly and on time. Don't hesitate to reach out to us at 833-PORTER9 for a free consultation.

Can You Sue Your Employer for Damages if You've Suffered a Workplace Injury?

In most cases, workers' compensation is the exclusive remedy for workplace injuries in Brooklyn, meaning you can't sue your employer for additional damages. However, there's an exception for cases of "grave injury" as defined in Section 11 of the New York State Workers' Compensation Law. These injuries include:

  • Death
  • Permanent and total loss of use or amputation of an arm, leg, hand, or foot
  • Loss of multiple fingers or toes
  • Paraplegia or quadriplegia
  • Total and permanent blindness or deafness
  • Loss of nose or ear
  • Permanent and severe facial disfigurement
  • Loss of an index finger
  • Acquired brain injury resulting in permanent total disability

It's important to note that courts interpret this list strictly. If you believe you've suffered a grave injury, the Porter Law Group can help you ascertain the viability of your claim, and explore your legal options beyond workers' compensation. We have extensive experience in complex personal injury cases and can provide the skilled representation you need.

Understanding the Schedule Loss of Use Award in New York

The Schedule Loss of Use (SLU) award is a specific type of workers' compensation benefit in New York. It's designed to compensate workers for the permanent loss of function of a body part, even if they can return to work. The award is based on:

  • The body part affected
  • The percentage of loss of use
  • Your average weekly wage

The New York Workers' Compensation Guidelines provide specific schedules for different body parts. For example, the loss of an arm is worth 312 weeks of compensation, while the loss of a leg is worth 288 weeks.

Calculating an SLU award can be complex, and insurance companies often try to minimize these payments. At the Porter Law Group, we have extensive experience in SLU cases and can help ensure you receive the full award you're entitled to.

View the results we've achieved for previous clients to see how we can make a difference in your case.

Third-Party Liability for Workplace Injuries

While workers' compensation limits your ability to sue your employer, you may have a claim against a third party if they contributed to your workplace injury. Examples of potential third-party claims include:

  • Product liability claims against manufacturers of defective equipment
  • Premises liability claims against property owners (for injuries at sites not owned by your employer)
  • Claims against negligent drivers in work-related auto accidents
  • Claims against subcontractors or other companies working at your job site

These third-party claims can be pursued in addition to your workers' compensation claim, potentially allowing you to recover damages not covered by workers' comp, such as pain and suffering.

At the Porter Law Group, we thoroughly investigate every case to identify all potential sources of compensation. Our experienced attorneys can handle both your workers' compensation claim and any related third-party lawsuits, ensuring a comprehensive approach to your case.

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Why Choose the Porter Law Group?

At the Porter Law Group, we combine deep legal knowledge with a commitment to personalized service. Our experienced attorneys understand the intricacies of New York workers' compensation law and have a proven track record of success in complex cases. We offer free consultations, work on a contingency fee basis, and are always available to answer your questions. When you choose us, you're not just getting a lawyer – you're getting a dedicated advocate who will fight tirelessly for your rights.

How We Can Help

The Porter Law Group is here to guide you through every step of your workers' compensation claim. We can help you file your initial claim, appeal denied claims, negotiate settlements, and pursue third-party lawsuits when applicable. Our team will work diligently to ensure you receive the full compensation you deserve, allowing you to focus on your recovery. With our extensive resources and deep understanding of New York laws, we're well-equipped to handle even the most complex workers' compensation cases in Brooklyn.

Workers' Compensation Attorneys in Brooklyn

If you've been injured on the job in Brooklyn, don't face the complex workers' compensation system alone. The Porter Law Group is here to help. Our experienced attorneys understand the unique challenges of workplace injuries and are committed to fighting for your rights. We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case.

Call us today at 833-PORTER9 to schedule your no-obligation consultation and take the first step towards securing the compensation you deserve.

Last Updated on 
September 23, 2024
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