Pursue Workers' Compensation

Long Island Workers' Compensation Lawyer

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If you are currently employed in Long Island, NY, you have probably realized that almost any type of job may expose you to the risk of injury. Whether you work in the field of construction or you work within the confines of an office, there are a number of different ways in which you could find yourself seriously injured. Although some jobs are obviously more dangerous than others, it is important for anyone in the workforce to understand what options are available to them if they are harmed while on the clock.

Virtually all employers in the state of New York are required to provide their employees with workers' compensation insurance—with very few exceptions—so you should not hesitate to take advantage of the benefits that this coverage can offer. Should your claim be denied, a Long Island workers' compensation attorney at The Odierno Law Firm, P.C. can assist you in fighting for the compensation that you deserve.

Who qualifies for workers' compensation in New York?

According to the workers' compensation laws of the state, practically everyone who is employed in the state is entitled to the benefits of workers' comp insurance. Since New York is not an "elective state," meaning that employers cannot choose whether or not they would like to purchase this form of insurance, you should be eligible to recover these types of benefits after a workplace injury.

This means that you must be an employee, however, and not a volunteer for a non-profit organization. That being said, all of the following are eligible to file for the benefits of workman's comp:

  • Part-time workers
  • Full-time workers
  • Full-time workers
  • Borrowed employees
  • Domestic workers
  • Farmworkers
  • Public school teachers

The only exception that may apply is if you are a member of a religious order or a volunteer of any kind.

Deadlines for Workers' Comp Claims in Long Island, NY

After suffering an injury at work, it is crucial that you act quickly to protect your rights. The first step that you should take is to notify your employer of the injury, as you only have 30 days to do so if you are planning on subsequently filing a claim for workers' compensation. From there, you will have two years to complete a C-3 form — which is an "Employee's Claim for Compensation" — and submit it to the Workers' Compensation Board.

What is important to understand, however, is that simply notifying your employer will not guarantee you the opportunity to recover insurance benefits. You must take the appropriate steps to fill out and submit all necessary paperwork within the allotted deadlines. Failing to do so could mean that you will be forced to forfeit your right to compensation, so it is highly recommended that you discuss your case with a Long Island personal injury lawyer.

Workers' Compensation Vs a Third Party Claim

Workers' compensation laws have been enacted to help workers who have been injured or disabled on the job recover their costs for:

  • Medical expenses
  • Rehabilitation services
  • Lost income

These benefits, however, are not always sufficient to fully compensate the injured for all of the damages of a work-related accident. Although in New York an employee cannot sue an employer for damages sustained in a work-related accident, it may be possible to bring a suit against any other parties that have negligently contributed to your injury.

This would be called a "third party claim." In some cases, the employer could have done nothing to prevent the accident, but the fault instead lies with a product manufacturer. In this way, it is possible to recover damages for pain and suffering, additional lost wages, and future medical needs.

Find Out How a Long Island Personal Injury Attorney Can Help

Despite the wide acceptance of safety measures and attention to the health and safety of workers, each year thousands of workers are seriously injured, or even killed, while on the job. Some jobs are inherently dangerous, but considering how much time we spend at work, it is almost inevitable that even the most benign employment situation can be an accident waiting to happen. When you're injured, your first priority is to recover. In order to do so, you will need the help of a legal professional that understands the ins and outs of the workers' compensation laws in New York.

If you have been injured on the job, do not hesitate to call our firm for help in getting you the compensation you will need to recover and move forward with your life.

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.

  • $850,000 Mediated Settlement

    Facts: Plaintiff is a 65 year old male driving his motor vehicle at approximately 3:00 a.m. when a tour bus pulled out from a parking lot. Plaintiff was driving straight and struck the middle of the tour bus on the driver's side. Defendant claimed that he was stopped in the roadway waiting to make a left hand turn and plaintiff had ample to see the tour bus and avoid a collision.

    Defendant additionally argued the reflectors on the side of the bus would make the bus clearly visible and that plaintiff was fatigued from work. Plaintiff suffered broken ribs and a fractured hip requiring an open reduction and necessitating plaintiff walk with the assistance of a cane.

  • $600,000 Trial Verdict

    Facts: Plaintiff is a 38 year old livery cab driver. He parked his car at the end of his shift in the dispatch garage and was walking to the office. Another car entered the garage at an unreasonable speed and skidded on oil that was left pooling by the owner of the garage. The car pinned plaintiff up against the garage wall breaking his left tibia and fibula and causing him to suffer permanent limp.

    Defendants claimed there was a safe egress from the garage and plaintiff was responsible for putting himself in harm's way. Additionally, defendants submitted surveillance video of plaintiff participating in recreational sports.

  • $555,000 Mediated Settlement

    Plaintiff is a 33 year old man who was riding his bicycle through an intersection when he was struck by a motor vehicle and injured his left knee. Plaintiff suffered a torn ACL requiring surgery an extensive rehabilitation. Plaintiff's injury resulted in a 1 inch atrophy of the left quadriceps muscle. Defendant claimed his motor vehicle was stopped at a red light when plaintiff rode off the sidewalk and struck the right front quarter panel of the vehicle.

  • $395,000 Settlement at Jury Selection

    Plaintiff is a seventy year old woman that slipped on ice in her apartment complex owned by the New York City Housing Authority. She suffered a bimalleolar fracture with an avulsion fracture of the medial malleolus requiring an open reduction and insertion of hardware. Defendant claimed they did not have ample opportunity to remove the snow and ice since it had snowed over two feet in the twenty four hours before the accident. Through discovery and further investigation it was revealed that an employee of the defendant was directed to remove the snow and ice from the subject area, but refused his assignment. The area in question, therefore, remained untended for an unreasonably long period of time.

  • $390,000 Mediated Settlement

    Plaintiff, a 38 year old female was involved in a motor vehicle accident in Suffolk County. Plaintiff underwent surgery consisting of a mini-open retro-peritoneal exposure of the lumbar spine with an anterior lumbar interbody decompression and fusion; partial vertebral corpectomy and a lumbar implant L5-S1. Defendant argued that the impact and damage to the motor vehicle was not significant and that plaintiff had a prior accident resulting in her undergoing MRI’s evidencing significant lumbar injuries.

  • $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.

  • $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.

  • $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.

WHAT OUR CLIENTS ARE SAYING ABOUT US

  • I highly recommend this law firm!!

    “The whole staff is completely heart warming!! After my accident they came to my house to talk to me cause my mobility wouldn't let me go to them They constantly call and email to see how I'm doing. I highly recommend this law firm!!”

    J.S.

  • 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.

  • Absolutely love this law firm. Staff was awesome.

    “Absolutely love this law firm. Staff was awesome. My case went smooth and they were on it from the very start. I definitely recommend them. Client for life. ”

    D.P.

  • 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.

  • Very professional and great staff.

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

    C.C.

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