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Workers Compensation FAQ

Frequently Asked Questions

Workers’ Compensation

If I filed a workers compensation claim what are some benefits I may be able to receive?

While workers compensation insurance coverages very but some standard workers comp coverages include: 

  • Medical – All treatments, procedures, and office visits
  • Lost wages – Workers’ comp will still provide you with your regular pay
  • Disability – Temporary or permanent payments to make up for lost wages
  • Death benefits – Benefits paid to the survivor’s dependents, including a stipend for funeral expenses
Should I hire an attorney for my workers' compensation case?

We do believe this is the right way to proceed. Workers’ compensation laws are complex, but the progression of your case could have a stark effect on your future. Having the right team on your side makes all the difference.

When should I contact an attorney?

The sooner you get in touch with a lawyer, the better. Avoid the applicable deadlines and improve your chances of a successful case outcome by contacting a workers’ compensation attorney you trust right away.

What if my workplace injury was my fault?

Workers Comp Claims in the US are no-fault claims. This means you can receive workers compensation even if it is your fault.

What if I return to work but find out I can't do my job?

If you return to work and find that you cannot do your job, reopening your workers’ compensation case is an option. You may collect benefits again if your injuries keep you out of work for longer than you expected. You also have the right to ask for changes to your job to accommodate your injury. 

I returned to work, but I still lose hours because of my work-related injury. Can I get benefits for those hours?

Yes. This is known as Intermittent Lost Time. Keep all records, both pay stubs and records of absent days. Also, be sure to let your insurer know as soon as possible.

I’d prefer to use a different language, do you speak other languages?

We understand that having legal conversations in a second language can be frustrating. Our staff speak Spanish, Russian, Polish, Chinese, Hindi, and Punjabi. We are there for you in every way.

Can I visit your law firm office and speak with an attorney in person?

Yes! Ugalde & Rzonca, LLP always has an attorney available during office hours.

My employer and/or their insurance company denies my claim? Is there anything I can do?

Your workers compensation claim  may have been denied for several reasons. As your workers comp attorneys, we may be able to help. Give as a call. Some reasons for denial are below. They include: 

  • Your injury had  no witnesses
  • You did not report your injury within the time period
  • Your medical and accident report are inconsistent
  • Your medical records indicate you had drugs or alcohol in your system
  • Your workers compensation claim was filed  after being fired or laid-of
My employer doesn’t have workers’ compensation insurance. What can I do?

New York law requires all employers to have workers’ compensation insurance. If your employer has violated the lawyer, you may need to sue them directly to receive compensation.

If I don't like my lawyer, can I get a new attorney?

Absolutely. You have the right to change your attorney at any point in your case. In most personal injury actions, this will not result in higher fees. Your attorney should be someone you trust, and you should be able to enjoy a relationship with him / her of mutual respect and courtesy. If you are not happy with your current representation, you have the right to seek a new lawyer.

If I return to work after my injury, who should I tell?

Your attorney should be the first to know. They can let the Workers’ Compensation Board know, as well as work with your insurance company on your case.

If I receive workers' compensation, does that prevent me from filing a lawsuit?

No. Workers’ compensation laws in New York do prevent you from suing your boss directly; however, you may be entitled to file suit against the owner of the job site and / or your general contractor.

Should I return to work after my work-related injury?

Returning to work can help you heal more quickly, and it brings the advantage of additional income and benefits. In addition, workers do not get raises or promotions while out of work. Because workers’ compensation does not match your full pay, many workers choose to return to work after an injury.

What happens to my workers' compensation benefits if I go back to work?

The answer is partially dependent on what you earned prior to being injured. However, if you return to work but find that your pay has been decreased due to your work-related disability, workers’ compensation payments can help make up the difference. This is known as a reduced earnings benefit.

Can I still get medical treatment if I return to my job?

Absolutely. In fact, you can ask to be repaid for travel costs, medications, and any other prescribed treatment.

Can an employer refuse to hire me because I have a compensation case?

No. In fact, prospective employers are forbidden from asking you about workers’ compensation claims. They also cannot deny you employment for past claims.

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We speak English, Spanish, Russian, Polish, Chinese, Hindi, Punjabi, Bengali and give free consultations.

When You Call Us

You Can Be Confident Knowing:

We have proven legal experience in workers compensation.

You are our top priority. Our office will handle all matters pertaining to your case.

We have helped over 30,000+ injured workers.

We proudly serve the Bronx, Brooklyn, Queens & Long Island.

For clients unable to travel due to their injuries, an attorney will come to meet you at your home or hospital.

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