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Workers' Compensation

Any worker, volunteer firefighter, or volunteer ambulance worker who has been injured as a result of an on-the-job injury or work related condition is entitled to file and receive Workers' Compensation benefits. This includes workers who have been injured the first day on the job, undocumented workers and illegal aliens. Under New York State Law, all employers must carry Workers' Compensation insurance for their employees or be self-insured. If an employer fails to obtain Workers' Compensation insurance, eligible workers may still be able to obtain Workers' Compensation benefits through the Uninsured Employers' Fund. Workers' Compensation insurance includes monetary benefits and medical care.

A worker who is injured should immediately report his or her injury to a supervisor and request that an accident report be completed. The injured worker should then seek immediate medical attention for the injury. Under New York State Law, you are entitled to receive all essential medical care, and all medical bills must be paid by your employer or the company's insurance carrier. Once you have sought medical attention, you should file a C-3, (Employee's Claim for Compensation Benefits). The C-3 form can be obtained by contacting your local Workers' Compensation Board or by calling our office. If you retain our services, our office will help you complete a C-3 form and file it with the Workers' Compensation Board. If you have been injured and have not reported this injury to a supervisor or sought immediate medical attention, you should consult with one of our attorneys immediately to determine your legal rights.

On March 13, 2007, former Governor Eliot Spitzer signed into Law a sweeping Workers' Compensation Reform initiative. Klee, Woolf, Goldman & Filpi, LLP, as one of the area's leading firms concentrating in Workers' Compensation Law, is on the cutting edge of applying these new laws to New York's injured workers. From July 1, 1992, to July 1, 2007, injured workers were entitled to receive as much as two-thirds of their average weekly wage up to a maximum of $400.00 per week. Beginning July 1, 2007 through July 1, 2008, workers injured on the job had their rate increased from $400.00 per week to $500.00 per week. The benefit increased to $550.00 per week in 2008 and to $600.00 per week in 2009. Starting July 1, 2010, the weekly maximum pay will be calculated at two-thirds of the state average weekly wage, and adjusted for inflation each July thereafter. The rate beginning July 1, 2010 was calculated at $739.83 per week. The rate beginning July 1, 2011 was calculated to be $772.96. The rate beginning July 1, 2011 was calculated to be $772.96, The rate beginning July 1, 2012 was calculated to be $792.07. The rate beginning July 1, 2013 has been calculated to be $803.21. The rate beginning July 1, 2014 has been calculated to be $808.65. The rate beginning July 1, 2015 has been calculated to be $844.29. The rate beginning July 1, 2016 has been calculated to be $864.32. The rate beginning July 1, 2017 has been calculated to be $870.61. Injured workers who are out of work may be entitled to weekly compensation benefits whether they are classified as totally or partially disabled. All compensation payments are tax free.

On December 1, 2010, the New York Workers' Compensation Board implemented medical treatment guidelines to address medical treatment for injuries to the neck, back, shoulder or knee, with additional Guidelines subsequently being adopted for Non-Acute pain and carpal tunnel syndrome. These new guidelines have led to the creation of Variance hearings to address insurance company denials of treatment requests. Klee, Woolf, Goldman & Filpi, LLP, and their staff, are proficient in the application of these guidelines and their effect on injured workers.

Depending on the type of injury sustained, injured workers may be entitled to sizable cash awards even if they have not missed a single day from work because of their injury. Moreover, you may be entitled to receive weekly compensation benefits if you have returned to work and are making less money per week because of your injury.

On December 28, 2017, the New York State Workers' Compensation Board adopted the 2018 Permanent Impairment Guidelines for Schedule Loss of Use Evaluations, revising the way determinations of permanent injuries to the extremities are determined. The attorneys of Klee Woolf Goldman & Filpi, LLP, and their staff, and are well versed in these guidelines and their effect on injured workers.

In addition to your claim for Workers' Compensation benefits, in some instances, you may have the right to sue a third party (not your employer) for personal injuries if they contributed to or caused your disability. If you are unsure about your legal rights, contact our office immediately and request a free consultation with one of our attorneys.