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.

  • $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.

  • I've been using Odierno Law Firm for over 10 years and I've only had nothing but success.

    “I've been using Odierno Law Firm for over 10 years and I've only had nothing but success. They are great law firm to work with I would recommend them every day.”

    V.L.

  • Very professional and great staff.

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

    C.C.

  • The Odierno Law Firm is the most professional law office I have ever dealt with.

    “The Odierno Law Firm is the most professional law office I have ever dealt with. All calls are returned in a timely manner. The attorneys are very knowledgeable. And I would highly recommend this Law Firm to anyone who is looking for complete professionalism.”

    M.D.

  • 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.

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