Category:

Can You Sue Under Workers’ Compensation?

July 22nd, 2021 by

Workers are injured every day in New York. From construction accidents to office injuries, workplace injuries can cause severe harm. In New York, workers’ compensation law is usually the key to on-the-job injuries.

Known as the “exclusive remedy” for workplace injuries, workers’ compensation is one of few ways that injured employees may seek financial relief for their pain and suffering. Employers must pay for workers’ compensation insurance, and they are, in turn, immune from injury lawsuits. That means that if you’re injured at work, most of the time you can’t sue a co-worker or your employer for any negligence that may have caused your injury.

The workers’ comp system can be mutually beneficial for both employee and employer, as the benefits should begin right away and no further legal action is required. The injured employees at the average workplace would have no need to sue their employer or coworkers, while there are some notable exceptions.

When Workers’ Compensation is Not Enough

In New York, it is extremely rare for an injured employee to sue an employer. Usually, the employee would pursue a workers’ compensation claim through the employer’s insurer, and even if denied the first time, the worker can appeal and may eventually get the compensation to which he or she is entitled.

However, in some extreme cases, an employee may file suit against his or her employer. There are two instances in which we might advise our client to sue the employer:

    1. The employer caused the injury intentionally. While this is very rare, your employer may have intended to cause you harm and acted in such a way with the express intention of hurting you. If so, you may sue your employer for damages. Negligence, though, is not enough to file a suit against your employer.
    2. The employer is not sufficiently insured. If your employer does not have adequate workers’ compensation coverage or perhaps any at all, you may be able to file a lawsuit against your employer. This would allow you to receive the damages that you would normally have received through the workers’ compensation process.

While these two instances are very rare, they do happen. The best thing in any scenario involving failing to receive your workers’ compensation would be to speak to an experienced lawyer.

Suing Versus Filing a Claim – The Difference

Many people think that filing a workers’ compensation claim and suing an employer are the same thing. These are, in fact, two very different actions. Going through the workers’ comp process involves dealing with the employer’s insurance company and may not involve lawyers nor a court of law. Suing your employer, on the other hand, means that you file a lawsuit against the entity or person that employs you.

In a perfect world, workers’ comp is done quickly and internally, while you get all the help and financial support that you need for your recovery. In reality, though, there are often times when employees are not given the amount of compensation or time off that they deserve. Worst case scenario – an employee may have his or her claim denied and the employer’s insurance company may refuse to pay them any benefits.

It’s at this point that some people would want to sue their employer. However, under workers’ compensation law, that is not the next step. Rather, you can appeal the decision through the New York State Workers’ Compensation Board. Before going through with your appeal, it’s always a good idea to get legal advice from a workers’ compensation lawyer who knows how the process works in New York.

Workers’ compensation claims can usually be resolved through the appeals process before the workers’ compensation board. However, as previously mentioned, if the employer’s insurance is inadequate, or the employer deliberately tried to cause harm to the employee, then – and only then – can the employee sue his or her employer. 

Help On Your Journey to Compensation

Any claim or lawsuit can seem daunting on your own. You know that you may be entitled to compensation for your workplace injuries, but you could be unsure as to how to get it. That’s where Hill & Moin comes in.

Our New York workers’ compensation lawyers are compassionate and knowledgeable. Dealing with our firm is like having a lawyer in the family. No question is too small and no case is too complex.

We want to answer your questions and help you get the compensation you deserve. Even if you are an undocumented worker, we can help you pursue workers’ compensation by law at no risk to you.

Dealing with workers’ compensation in New York is a challenge, and you might be wondering whether you even have a solid potential lawsuit against your employer. Help is here for the taking – don’t hesitate to get in touch with Hill & Moin’s workers’ compensation attorneys in a free consultation.

Do I Need a Lawyer For a Workers’ Comp Claim?

July 16th, 2021 by

It was a normal day at work for Jose, a union construction worker and truck driver. He was loading the back of his truck with construction materials, as he had many times before. This time, though, he was bumped by the materials being loaded, and he lost his balance and fell. He sustained major neck, back, and shoulder injuries resulting in surgery. 

It could have been quite different for Jose. His employer could have provided him with the necessary safety equipment required by New York law, and then he would not have had to worry over where his next paycheck would come from. Jose needed help – the help of a professional workers’ compensation attorney familiar with construction accidents

At Hill & Moin, we have helped thousands of injured workers get the benefits they deserve by means of the workers’ compensation system. This complicated process, often traversed by workers unaided by their employers, can leave an injured employee feeling helpless. Your load can be greatly reduced by working with experienced attorneys who know what they are doing.

What is Workers’ Compensation Insurance?

New York was one of the first states to adopt a workers’ compensation program. Essentially, it was a win-win for both employers and employees. Hurt workers would automatically get medical care and wage benefits. In exchange, they would not be able to file suit against their employer. 

The beauty of this kind of system is that it operates on a “no-fault” basis. That means that it doesn’t matter whether you accidentally caused your injury by being careless or your employer was negligent in some way – you receive the same amount of benefits no matter what. 

Employers often buy work comp insurance, and nearly all are required to carry it. That way, when you file a claim for workers’ comp benefits, the employer’s premiums underwrite the expenses of the insurance company. That’s where things can get tricky, though. 

Insurers and employers alike try to avoid paying out benefits whenever possible. So just filing a claim does not mean that you will automatically get the full amount of benefits you deserve. A study of New York businesses estimated that dishonest employers are saving $1 billion a year in payments to injured workers who are getting less than they deserve. You don’t have to be one of those workers!

What Should I Do When I’m Injured on the Job?

This process can be long and complex. By following the following guidelines, you can increase your chances of receiving the compensation you deserve: 

  1. Go to the hospital and seek medical treatment for your injuries (it may be necessary to go to the place your employer has designated for work-related injuries)
  2. Inform your supervisor officially about the accident
  3. Speak to a lawyer about your claim
  4. File a workers’ compensation claim with the New York Workers’ Compensation Board
  5. Ask for your medical reports from the physician handling your case

It’s key, however, that you speak to a lawyer before you file your claim, as an experienced attorney is able to make sure to “dot the i’s and cross the t’s,” so to speak, before you submit the paperwork. Avoiding minor errors and novice mistakes gives you a higher chance that your claim will be accepted the first time around. 

During this overwhelming time, you deserve professionalism that will give you the confidence to pursue your legal remedies for compensation to secure your future. The workers’ comp process is daunting, but you should not have to go through it alone. 

Why is the Work Comp System So Complex?

Oftentimes, a person doesn’t think about the workers’ compensation system until he or she is injured on the job. At that point, they become one of the some 140,000 new cases a year filed with the New York Workers’ Compensation Board. Most of these cases take months or even years to resolve due to the backlog. 

Workers’ comp hearing rooms are filled with injured people, a vast number of which being physical laborers who need their paychecks to get by. Some people give up before the point of having a hearing due to frustration because of delays, or they worry about being deported if they are undocumented. 

The system is hard to navigate alone, and even when successful in receiving some benefits, some who filed without the help of a lawyer may find that the awarded amount is less than what he or she truly deserves. However, you should not give up – there is help out there. Remember, at Hill & Moin, it’s like you already have a lawyer in your family.

Hill & Moin also stands by undocumented workers. If you are an undocumented worker, you have rights by work comp law. What’s more, you do not need to fear that coming to us risks deportation.

What is the Best Way to Get the Workers’ Comp Benefits I Deserve?

Remember Jose who needed surgery due to a lack of safety equipment provided by his employer? What happened to him? The skilled and experienced workers’ compensation attorneys at Hill & Moin obtained a $625,000 settlement for Jose

Our statewide network of experienced attorneys can help you get the compensation you deserve, too. With our extensive workers’ comp claims experience, aggressive representation style, and professional legal guidance, we intend to get you the best possible result on your claim. Beyond that, working with us is like having a lawyer in your family. 

So do you need a lawyer for a workers’ comp claim? The choice is yours. Our legal team is standing by 24/7 to help. 

What Happens When You Get A Workers Comp Lawyer?

July 15th, 2021 by

People work to provide their families with life’s necessities. A career might also teach employees new skills, keep them busy, and allow opportunities for social interaction. And when workers are good at what they do, completing tasks can boost their self-esteem and sense of well-being.

If you enjoyed your job or needed it as a means of support, your work-related accident must have dealt a large blow. Besides the pain of your injuries, you might be suffering from worry and distress. Are you wondering how you will cover your medical expenses or what you will do if you cannot return to work?

At Hill & Moin, we want to do what we can to help you get back on track. We know how nerve-wracking accidents can be, and trying to figure out the confusing New York workers’ compensation system might only add more anxiety to your life.

The Benefits of Having a Work Comp Lawyer On Your Side

At the New York law firm of Hill & Moin LLP, our attorneys treat you like family. So, what if you had a lawyer in your family? Let’s talk about what happens when you hire a workers’ compensation lawyer who cares about you.

You will have the peace of mind that comes from understanding your legal options

Workers’ compensation laws are complex. They vary depending on where you live. Therefore, an employer might not have correct or current information to share with an injured worker.

On the other hand, our law firm stays abreast of changing New York workers’ comp laws to ensure that each of our clients has the information they need to understand their legal rights. To name a few, you have the right to file a claim if you were hurt at work and get medical treatment for your injuries. If your employer or insurance company makes a decision you think is wrong, then you may have the right to appeal.

Deadlines might not be as scary

Almost everything about your workers’ compensation benefits is time-sensitive. For instance, you must seek medical treatment as soon as possible after an accident at the workplace. Next, you need to provide written notification to your employer within a certain amount of time. If you wait too long for either of these steps, you could lose your right to claim benefits for your injury.

You must also prepare and submit documentation to your employer’s insurance carrier and the New York Workers’ Compensation Board. If your claim is denied, you have limited time to appeal the decision.

When you are recovering from an injury, these deadlines may seem impossible to keep track of and meet on time. When you hire us, though, our workers’ compensation lawyers work quickly to prepare the proper documents to be turned in by these important deadlines.

Why fret over relentless time constraints? Let an experienced attorney handle your claim while you focus on your health and psychological well-being.

You will have someone knowledgeable to check the accuracy and completeness of applications

Some claims are denied, not because they are invalid, but because the documentation was not submitted properly. In other cases, families wait longer than they should because they have to fix small errors in their paperwork. After all, it’s easy to miss a detail when you are not familiar with the process of filing work injury claims in New York.

The law firm of Hill & Moin has over 60 years of legal experience. When we handle workers’ comp claims, we know what evidence we need and how to gather it. We are intimately familiar with every detail of the application process. Above all, our attorneys can make sure your applications are completed accurately and on time.

You can find out what amount of benefits you qualify to receive

Workers’ compensation provides injured employees like you with 3 types of benefits. Your healthcare benefits provide medical, dental, surgical, and optometric care. It also covers qualifying assistive devices and prescription drugs.

You may miss out on eligible benefits if you pay your hospital or healthcare costs yourself. It is vital to understand what bills you are responsible to pay and which ones are covered by workers’ compensation insurance.

Lost wage benefits are the second provision of workers’ compensation. If your injury or illness keeps you away from work for 7 days or more, you should be able to get a portion of your lost wages back. You are also eligible if your condition results in fewer hours or a lesser-paying change in position.

Lastly, the spouse and minor children of a fatally injured worker might be entitled to weekly cash benefits. The amount the family receives is based on the deceased workers’ previous wages. If there are no spouses or dependents, the surviving parents or the estate can receive payment.

You will have support for every step of the claims process

Many people wait until they have a problem to consult with a workplace accident attorney. Yet, by taking advantage of your free case evaluation, you could avoid some serious legal pitfalls.

If you are looking for legal representation because your claim was denied, we would be happy to evaluate your case. If necessary, we can revise your case, troubleshoot problems, and build a strong appeal. During your hearing, having an attorney on your side could help you secure your future.

Tell us your story during your free legal consultation. Call (212) 668-6000 at any time or fill out this brief form to schedule your confidential initial consultation at no cost. We look forward to helping you set up your workers’ compensation benefits so that you can focus on your recovery and get better as soon as possible.

Recover Faster With Support From Our Network of Trusted Attorneys

The New York workers’ compensation system is designed to protect you when you suffer a work-related injury. Yet, insurance companies and employers might put their own interests ahead of yours.

With Hill & Moin Personal Injury Recovery SolutionsⓇ, you can be confident that you will be working with an attorney who cares about getting you the financial compensation you need to support yourself and your family.

Hill & Moin also works with undocumented workers, so please don’t hesitate to contact us. We are a firm trusted statewide by undocumented workers whose rights have been upheld by our services.

Don’t wonder about your rights! Call (212) 668-6000 today.

Construction Worker Falls from a Truck Flatbed, Receives $625,000

March 18th, 2021 by

Jose Urena was a union construction worker and truck driver. While at work, he was loading the back of his truck with construction materials. Like many construction workers and truck drivers, he was not given adequate safety equipment as required by New York’s Labor Laws. Suddenly, Mr. Urena was bumped by the materials being loaded. He lost his balance and began to fall. Without any safety equipment provided to him, Mr. Urena fell from his truck bed down to the street.

Mr. Urena sustained injuries to his left shoulder, back, and neck resulting in a surgery. Mr. Urena was unable to work and needed help. He needed highly skilled attorneys familiar with construction site accidents. His worker’s compensation attorney knew to call Hill & Moin LLP, a firm which has helped thousands of hurt workers obtain serious compensation for their injuries. The highly skilled and experienced attorneys at Hill & Moin obtained Mr. Urena a $625,000 settlement for his case.

When asked about his experience with Hill & Moin, he described that he was, “impressed with how hard they fought for me.” He explained how informed he felt every time he called. Now, Mr. Urena plans on seeing his family in the Dominican Republic for the first time in four years. With this settlement, he hopes to open a hotel in Santiago. Mr. Urena states he would “100% recommend Hill & Moin to his friends and family”.

Floor Supervisor Struck By Dolly Receives $375,000 Settlement

January 25th, 2021 by

S.W. went to work eager to begin her shift as a floor supervisor. She had set up and prepared her stand to be ready to serve customers. She then checked the floor to make sure that the other food stands were also ready to begin operations. As she was exiting the freight elevator, she was struck on her left side by a vendor’s dolly. A worker was pushing several boxes on this dolly and as a result of this incident, S.W. suffered a swollen and bruised left ankle and left leg. S.W. would no longer be able to continue working and enjoy serving customers.

S.W. decided to begin her search for an established, well-known and reputable law firm that would provide high quality legal representation. She found the Hill & Moin website and was impressed by their prior results and years of service. She gave them a call and, upon conducting the intake, Hill & Moin went right to work thinking of the best methods to resolve her workers’ compensation case. As a result of their hard work ethic and dedication to the best possible outcome, S.W.’s case was settled for $375,000.

S.W. was delighted upon hearing the news and surprised at the speed in which her case was settled. She described working with Hill & Moin as very good and commended the staff as very attentive and professional. The attorneys addressed all of her questions and concerns. S.W. plans to use her settlement proceeds to start her own business. S.W. would highly recommend Hill & Moin to anyone who is in need of highly respected and stellar legal representation.