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New York State Workers’ Compensation

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New York State Workers’ Compensation Attorneys

There’s a popular misconception about workers’ compensation that needs to be dispelled right now for you to understand why you’ll need a lawyer to fight for your benefits if you have been injured on the job:

Just because you have a legitimate injury and cannot work, it does not mean that you will receive workers’ compensation. That’s because benefits are paid by your employer’s insurance company, which has an arsenal of lawyers who are paid to deny your claim.

Years of Experience on Your Side

If the other side has a lawyer, you need one, too. Markhoff & Mittman attorneys will do all we can to ensure that you collect the benefits to which you are due. The thousands and thousands of cases we have won have given us the best experience possible to handle your case in the most effective way possible.

We know the in’s and out’s of gathering medical evidence, filing well-documented claims, and appearing at formal hearings. We know how to protect you from insurance company attempts to poke holes in your case, and we know how to handle all types of hearings and appeals before the workers’ compensation board law judges and Commissioners.

Markhoff & Mittman attorneys are knowledgeable in all aspects of workers’ compensation law. We can manage your case at any step of the process, from the initial claim, to representing you during an formal hearing, to requesting a review before the Workers’ Compensation Board Commissioners, and even filing an appeal to State Court. If the process sounds daunting, it can be. That’s where we come in. Markhoff & Mittman has been helping injured workers for more than 70 years. (Unlike a regular law suit where you have one trial date, you may have multiple hearings and appeals during the course of your workers’ compensation case.

While you aren’t required to have an attorney to file for workers’ compensation, it is in your best interest to do so. If you are about to file for workers’ compensation benefits, if your claim has been denied, or your benefits have been reduced or terminated don’t wait to call us. We have offices that are convenient to Manhattan, Brooklyn, the Bronx, Queens, Staten Island, Westchester County, and Long Island. Please call us, so we can help you or your family member receive a just settlement for injuries suffered during employment.

Call 866-205-2415 toll-free or 914-946-1452 or click here to email us.

What Is Workers’ Compensation?

According to the U.S. Bureau of Labor Statistics, more than 4 million workers were injured on the job in 2005. There were about 5,700 deaths from work injuries the same year. These startling statistics underscore the value of New York State’s no-fault workers’ compensation program, which is meant to give financial protection to workers hurt on the job and easy access to appropriate medical care.

New York State law requires employers to provide workers’ compensation benefits by purchasing insurance or by self-insuring. Benefits are set by a state formula and include payments for medical care and to replace lost income, as well as time off for medical reasons related to the injury. Denials are common during the first go-round of your claim because your case is handled by a third party insurer (not the State!), which doesn’t like to pay up. When your claim is denied or your benefits are reduced or terminated, you are allowed to a hearing before a law judge. If you are at this stage and haven’t already gotten a lawyer, call Markhoff & Mittman right away. You are involved in a legal proceeding, and the other side will definitely be represented by an attorney.

What’s more, your injury doesn’t have to be caused only by an accident. Conditions or illnesses that occur over a long period of time are covered by workers’ compensation. These include carpal tunnel syndrome, back problems, and stress-related problems such as mental health issues, heart attacks, and strokes. In fact, while difficult, solely mental injuries such as post-traumatic stress disorder can also be covered.

If you work for a covered New York employer (almost everyone!) then you are eligible for workers’ compensation benefits if you are injured out of and in the course of your employment from the moment you begin work. In fact, your employer must insure safe access to and from work and sometimes travel to and from work could be covered by workers’ compensation depending on circumstances. Also, you are eligible for workers’ compensation regardless of your “alien” status, even if you work off-the-books or are an undocumented worker.

An experienced compensation disability law firm, such as Markhoff & Mittman, can handle all the complex aspects of your case and make sure that you will not suffer more than you already have. In addition, we can help you find and apply for all of the various benefits to which you may be entitled, such as: Social Security Disability, Supplemental Short-Term Disability, Long-term Disability, New York State and New York City Retirement Disability, and other programs.

Changes in Law May Threaten Your Rights

In 2007, New York State legislators made far-reaching changes to the workers’ compensation law. These changes have seemingly yielded both positive and negative results for injured workers. An example of each: the maximum rate of benefits has been raised for the first time in 15 years, but cash benefits for permanent partial disabilities are now capped. Additionally, the law places new limitations on medical care and changes paperwork requirements and filing deadlines.

With these changes, it’s more important than ever that you choose your workers’ compensation lawyer carefully. Markhoff & Mittman partner Brian Mittman has been closely involved in the legislators’ negotiations on workers’ compensation. He has worked hard to protect workers’ rights during the many years that legislators have been debating the law’s provisions. He is an active participant of the Workers’ Compensation Alliance, which lobbies on behalf of improving the workers’ compensation program for injured workers. He is also on the executive committee of the Injured Workers Bar Association and has lectured extensively about the Workers’ Compensation system for various bar associations and continuing legal education groups

Aggressive, Capable, Cost Effective

In handling New York State workers’ compensation cases, Markhoff & Mittman has helped people secure their financial future in countless ways. Some information that may apply to your own case is listed here:
 

Markhoff & Mittman has successfully obtained continued benefits and ongoing medical care, including surgery, where the insurance carrier has produced an alleged independent medical examination claiming that a severely injured worker was capable of returning to work and no longer disabled.

  • Carrier’s regularly deny benefits to widows and widowers to avoid prolonged payments. Markhoff & Mittman has successfully proven that an injured workers head injury lead to a subsequent stroke that unfortunately caused death, but secured ongoing weekly payments to the widow. 
  • A construction worker who was working on the second story of a building was found severly injured on the first floor, an unwitnessed accident. The employer failed to call an ambulance but drove the claimant to an emergency room and left him there. We were able to track down the building owner and work permits and locate insurance coverage to start payments. This unfortunate worker presently is in need of lifetime care, including serious modificiations to his home, which Markhoff & Mittman was successful in having approved by the insurance carrier.
  • A young woman injured in a rear end automobile accident sustained serious cervical and lumbar injuries. She was able to return to work, but unfortunately earning less money at a completely different type of job (a reduced earnings claim). We were successful in obtaining ongoing medical care and two-thirds of the difference between what this young lady used to earn and what she presently earns. After lengthy litigation on this matter, the insurance carrier even agreed to a significant lump-sum payment.
  • Missing the 30-day notice to employer deadline is cause for not being able to ever collect benefits. We have often successfully fought this and obtained benefits by demonstrating that the medical evidence, witnesses and other factors did not prejudice the employer and therefore entitled the injured worker to benefits.
  • Filing for workers’ compensation is detailed, and people often miss one of the steps. For example, employees may file an accident report at their job and belive there is nothing futher to do. However, if the employer fails to notify its insurance carrier, even if it pays some benefits to the worker, the injured worker could miss the statutory time limit in which to actually file a claim (two years!) thus losing benefits. To guarantee your right to medical benefits and ongoing lost wage benefits, , you have a limited amount of time to file with the state workers’ compensation board. We make sure all paperwork is complete and filed with the right offices so you will not forego your right to additional benefits later.
  • Insurers often contact injured workers for a statement about their accident, which are later used to dispute worker claims. We will protect you by advising you on dealing with the insurance company’s requests for affidavits, medical releases, delayed responses, and requests for additional medical examinations.

Money should never be an issue. Our first consultation with you is free. A workers’ compensation judge will set a fee for our services and will deduct it from benefits when we win your case.

There is no fee if we are unable to secure benefits for you. However, you may be responsible for expenses on the case, which Markhoff & Mittman strives to strictly limit, and often waive.

If you are applying for or appealing a workers' compensation claim and live anywhere in the New York City metropolitan area, please contact Markhoff & Mittman. Our reward is producing results that let people move on with their lives

We have lawyers and office staff who speak Spanish and French.

Library for New York State Workers’ Compensation:

  • Former Spitzer Lieutenant to Take Interim Helm of New York State Insurance Department   
    Description: A former chief of operations in the New York Attorney General's office, Kermitt J. Brooks, will become Acting New York Insurance Superintendent at 12:01 a.m. on the Fourth of July, Gov. David Paterson's office confirmed Thursday.

    Kermitt J. Brooks will replace New York Insurance Superintendent Eric Dinallo, who is leaving to become a visiting professor at New York University.
  • Judge Robert E. Beloten Appointed New York Workers Compensation Board Chairman   
    Description: Appointment of Robert Beloten as Chairman of the New York Workers' Comp Board is viewed as a positive step for the NY Workers' Comp System.
  • Judge Robert E. Beloten Appointed New York Workers Compensation Board Chairman   
    Description: Governor David A. Paterson has appointed Robert E. Beloten as the Chairman of the New York State Workers' Compensation Board, effective July 15, 2009. Article includes Beloten's prior positions and accomplishments.
  • Who is covered by New York workers’ compensation laws?   
    Description: If you are wondering whether or not your New York employer has to provide you with workers’ compensation insurance coverage, we have good news. They probably do. Under NY workers’ comp law, most employers have to provide coverage – but of course their exceptions. This article reviews the types of workers who must be covered in order for their employers to be following the law.
  • Issues Facing the Next New York Workers’ Comp Board Chair   
    Description: Recent news that chairman Zachary S. Weiss is stepping down from the New York Workers’ Comp Board to become a judge in the Social Security System is yet another challenge for the much maligned board. Despite Weiss’ efforts at reform, the Board still faces a number of serious issues that have recently been detailed in the press. The next chairman or chairwoman will have his or her hands full with additional much needed reform. Make no mistake: the workers’ comp system in New York is a challenge. You can get help with your claim by contacting the experienced attorneys at Markhoff & Mittman today.
  • Navigating a corrupt system: an injured New York worker left in limbo   
    Description: Even the simplest, most straightforward of workplace injuries can be swallowed by the ominous New York workers’ comp system, leaving an injured worker without benefits or hope. There are many little stumbling blocks that can trip up any workers’ comp claim, stumbling blocks that can leave families without any income and hurt workers without treatment. Don’t let the system sabotage your life, get help from experienced New York attorneys like those at Markhoff & Mittman.
  • NY workers comp claims mired in delays and appeals   
    Description: Filing for workers compensation benefits can be a challenge for any injured worker, and the stress of having a claim appealed can make a difficult process even more challenging. Unfortunately, many injured workers will be stuck in the slow moving workers’ comp system after an appeal by the insurance company. Before you find yourself waiting for months – or even years – without benefits, contact the attorneys at Markhoff & Mittman for assistance.
  • You are 'only' partially disabled: now what?   
    Description: To most people, being partially disabled sounds much better than being completely disabled, but for some New York workers injured on the job this determination can be disturbing. A determination of partial disability assumes you can go off and find work in a different kind of job, different than the job you were doing when you were injured. Unfortunately this is much harder than it sounds for some workers, which can leave them without adequate benefits and without any work at all.
  • Movie theater workers compensation injury movie ad   
    Description: Recent movie theater ad offering Attorney Brian M. Mittman's free book, 5 Deadly Sins that Can Derail Your New York Workers Compensation Case
  • Medical Issues and Workplace Injuries   
    Description: Seek medical attention for your workplace injury or illness. Remember, your employer cannot discriminate against you for notifying them of your workplace injury or for making it known that you are filing a workers compensation claim.

    • View All

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