Pursue Compensation for Work Related Injuries

Work-Related Injury Cases in Long Island, NY

Each day employees are injured in workplace accidents, usually caused by negligent, reckless or dangerous acts of others. Some employees experience financial hardship resulting from a loss of income while recovering from an injury. Unfortunately, others may be permanently disabled and unable to return to work.

If you or a loved one has been injured while on the job, you need to seek immediate legal representation from a Long Island personal injury lawyer who knows how to help you receive the maximum compensation that your deserve.

Experienced Representation from The Odierno Law Firm, P.C.

Injuries may be caused by a variety of actors; sometimes, partial responsibility is allocated to different people and entities. For example, a plant manager may have been negligent in adhering to safety codes, and the machinery may have been a poorly made or maintained, as well. Workers' compensation claims are filed differently than normal personal injury claims, and the process of establishing fault is different as well. For this reason, when you are filing a claim related to an on the job accident, it is of the utmost importance that your legal representation is well versed in workers' compensation. At The Odierno Law Firm, P.C., we have more than 150 years of combined experience in helping injured workers with workers' compensation insurance claims.

Causes of Injuries in the Workplace

If you have an injury caused by any of the following, you may be eligible to receive workers' compensation. These are just a few examples:

Not all jobs require the same level of skill or activity, just as some work environments can be more hazardous than others. We recognize that your accident and injury is unique with its own set of circumstances. It is important to discover what caused the accident, what happened during the accident and whether immediate medical attention was provided.

The type of injury you suffered and how severely the injury will affect your life will determine the amount of compensation you may receive. That is why you need a lawyer who will work aggressively for you through all stages of the legal process right from the beginning. Our firm is comprised of lawyers who understand workers compensation insurance law and will work to insist you receive the maximum possible compensation.

Filing a Worker’s Compensation Claim in New York

Nearly all workers—including both full-time and part-time employees—in the state of New York are covered by workers’ compensation. Additionally, the workers’ compensation system is a no-fault system, meaning you do not need to prove that someone else acted negligently or wrongfully in order to seek benefits. Because it is a no-fault system, your recovery is limited solely to medical benefits and wage replacement benefits (although, some industries offer death benefits to surviving family members when a worker is killed on the job).

In order to file for workers’ compensation in New York, you will need to show that your injury happened while you were on the job. You do not need to have sustained the injury while in the actual physical workplace; you need only prove that your injury resulted from your work-related duties or that it occurred while you were carrying out duties that somehow benefitted your employer.

Here are some things you should know about filing a workers’ compensation claim in the state of New York:

  • After a work-related injury, you have 30 days to notify your employer of the incident/injury. You must notify your employer in writing. In the case of occupational illnesses, the clock begins ticking on the date on which you receive your diagnosis or the date you should have reasonably become aware of the disease/condition.
  • As soon as possible after the accident, you should file your claim with the Workers’ Compensation Board. Complete Form Employee Claim C-3 as fully as possible and submit to the appropriate Board District Office. You may submit the form online or by mail.
  • Within 48 hours of the accident/seeking medical treatment, you doctor should also create a preliminary medical report (Form Doctor’s Initial Report C-4) and submit it to the appropriate District Office.
  • Within 10 days of being notified of the accident, your employer should report the injury to the appropriate Board, as well as to their insurance company.
  • Within 14 days of being notified by your employer of your injury, the insurance company will provide you with a written statement outlining your rights under New York workers’ compensation law.
  • If your claim is accepted, the insurance company will begin sending benefits within 18 days of receipt of the Employer’s Report of Work-Related Injury/Illness, if you are unable to work for a period of at least 8 days.
  • If your claim is disputed or denied, the insurance company is responsible for notifying all relevant parties, including you and/or your representative if you have one. If your claim is denied, you may begin the appeals process.

While it is not always necessary to work with an attorney when filing for workers’ compensation after a work-related injury, it is a good idea to do so. The New York workers’ compensation system is complex and you may encounter a number of challenges in recovery your benefits. Our work-related injury lawyers can help. We can assist you in filing your initial workers’ compensation claim, appealing a denied claim, and/or filing a third-party work injury claim.

Contact us immediately to receive a free consultation with one of our Long Island injury attorneys.

We Have Recovered OVER 100 MILLION DOLLARS

  • $1.2 Million Dollar Settlement

    Facts: Plaintiff was driving his motor vehicle straight when defendant, who was legally drunk, crossed over a divider and struck the plaintiff's car head on. Plaintiff was the only occupant in the car and died instantly. Plaintiff had dependent wife and teenage son.

  • $1.6 Million Dollar Settlement

    Plaintiff is a 50 year old man who was doing repair work on a residential residence in Suffolk County. He was on a ladder when several bricks in the patio supporting the ladder gave way causing him to fall to the ground. The homeowner was negligent due to the improper construction and maintenance of the brick patio. Plaintiff suffered injuries to his pelvis, back, neck and legs and is disabled from future work.

  • $175,000 UM Arbitration

    Plaintiff is a 65 year old man who was injured when walking to his car parked on the street in front of a house he was visiting. Plaintiff was struck and knocked to the ground by an unidentified driver. Plaintiff reported the accident to the police and sought evaluation at the hospital. Plaintiff did not treat for one month after the accident as he was suffering from unrelated physical ailments. When plaintiff did seek treatment it was determined he suffered a torn ligament in his hip. Plaintiff’s doctor opined that the only remedy was surgery and plaintiff was not a candidate because of his COPD. Defendant contested the validity of the occurrence as well as the causation of the injury. Defendant cited the plaintiff’s previous injuries and accidents claiming his hip injury was a consequence of prior falls as well related to his history of arthritis.

  • $200,000 Mediated Settlement

    Plaintiff was a 26 year old male who died during a house fire occurring in Suffolk County. The defendant, who is the owner of the house admitted that she could not credibly testify the smoke detectors were operational as they were not checked regularly. Defendant home owner also admitted that the batteries used in the smoke detectors were never changed to her knowledge. Counsel for the defendant alleged that the plaintiff engaged in culpable conduct in the origin and subsequent spreading of the fire. Counsel also attempted to limit damages by emphasizing plaintiff did not have any dependents.

  • $250,000 Mediated Settlement

    Facts: Plaintiff is a 32 year old woman who was driving her motor vehicle and stopped at a red light when her car was struck in the rear by another motor vehicle. Plaintiff suffered horizontal tears of the anterior horns of the medial and lateral menisci of the right knee with traumatic chondromalacia. Plaintiff's injuries necessitated multiple injections to her right knee as well as two arthroscopic surgeries.

    Plaintiff's surgeon opined that a total knee replacement is a possibility as plaintiff ages because her injuries will exacerbate the normal degenerative changes. Defendant argued that Plaintiff made a full recovery as she was able to return to work without limiting the scope of her duties.

  • $250,000 Mediated Settlement

    Plaintiff is a 54 year old woman who was exiting her motor vehicle when she slipped and fell on ice and snow in defendant's parking lot. Plaintiff sustained a fracture of her left ankle requiring surgery. Defendant claimed that they plowed, sanded and salted the parking in a reasonable manner and furthermore plaintiff did not suffer any residual limitations from the injury and resulting surgery.

  • $250,000 Settlement During Trial

    Facts: Plaintiff is a 62 year old male who experienced car trouble on a busy highway at 9:00 p.m. He proceeded to pull off to the side of the roadway and open the hood. As he was standing in front of his car working under the hood the defendant was driving his motor vehicle and did not see plaintiff's car.

    Defendant struck the plaintiff's stopped car in the rear causing plaintiff to be catapulted ten feet into the air. Plaintiff landed on the roadway and suffered a severely herniated disc at L4-L5 requiring him to wear a hard back brace at all times. Defendant claims plaintiff was responsible for the accident as plaintiff did not maintain any lights or warning that his car was stopped and encroaching into a traffic lane.

  • $295,000 Mediated Settlement

    Facts: Plaintiff is a 43 year old women who was driving her motor vehicle which was struck in the rear by another car. Plaintiff suffered thoracic and lumbar herniated discs requiring a posterolateral spinal fusion at T11 – L2, segmental pedicle fixation at T11-L2 and an iliac crest bone graft. Defendant conceded liability but claimed the injury was degenerative as there was no visible damage to the motor vehicle plaintiff was operating.

  • $300,000 Settlement During Trial

    Facts: The plaintiff is a 38 year old male who was stopped in traffic when his vehicle was struck in the rear by another car. Plaintiff was awarded summary judgment on liability and the matter proceeded to trial on damages. The plaintiff suffered a lumbar herniated disc requiring a fusion and laminectomy.

    Defendant claimed that the plaintiff's injury was not related to the accident as he suffers from severe Ehlers Danlos syndrome. Defendant also obtained surveillance footage of plaintiff working at a construction site carrying various heavy objects. Case settled after jury selection and before opening statements.

  • $350,000 Trial Verdict

    Facts: Plaintiff is a 33 year old male driving his motorcycle straight when the defendant attempted to make a right turn and struck the side of plaintiff's motorcycle. Defendant claimed he followed a turn arrow and that the plaintiff rode through a steady red light. Defendant also claimed that according to plaintiff's own doctors he made an excellent recovery and suffered no restrictions.

    Plaintiff suffered a fracture of his right tibia and fibula requiring surgery. Defendant was found to be 100% liable at trial and offered a $100,000 settlement. Plaintiff refused the offer and obtained a jury verdict.

WHAT OUR CLIENTS ARE SAYING ABOUT US

  • I have foond their efforts to excel beyond that of other firms.

    “I have had the privilege of working with the Odierno law firm in excess of 15 years. I have fond there efforts to excel beyond that of other firms. They seem to always be available for not only client questions but questions regarding my practice as well. I highly recommend this firm. ”

    A.C.

  • Very professional and great staff.

    “The Odierno Law Firm is awesome. Very professional and great staff. I couldn't get better representation.”

    C.C.

  • Thank you for all your help

    “Just wanted to say thank you for everything, it was a pleasure to work with Maria and Stephanie who worked on my case. They were so friendly and especially given the circumstances of being in pain they really made this awful experience better and manageable. They really were on the ball and I can not thank them enough. Thanks for great service!!”

    Jennifer DiPietro

  • This firm goes above and beyond to make its clients feel like family and I am happy that I chose them to represent me.

    “I highly recommend The Odierno Law Firm if you've been injured. When the insurance companies were reluctant to settle my case for a fair amount, my attorney fought for me and recovered the full policy. The staff was well-informed and always returned my calls. There was always someone available to answer my questions whether it was an attorney or a paralegal - I always got answers. Even though my case settled, I still receive cards in the mail every year for my birthday and the holiday season. This firm goes above and beyond to make its clients feel like family and I am happy that I chose them to represent me.”

    C.D.

  • I cannot say enough about the Odierno Law Firm! Everyone I worked with truly went out of their way

    “I cannot say enough about the Odierno Law Firm! Everyone I worked with truly went out of their way to explain the legal process, make me feel at ease, and explain each step thoroughly in language I could easily understand. I have no doubt that choosing Odierno was the best decision I could have made! Thank you to Scott, Russell, Stephanie, Maria, Kim and the entire office for all of your efforts on my behalf.”

    C.D.

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