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Frequently Asked Questions for Injured Workers in New York

According to the Census of Fatal Occupational Injuries by the BLS, there were a total of 4,836 fatal work injuries reported in the US in the year 2015 – a small increase from 2014 which had a total of 4,821 reported fatal injuries. This number is the highest since 5,214 fatal injuries that were reported in 2008. In the year of 2015, the overall rate of fatal work injury was reported to be 3.38 per 100,000 FTE (full-time equivalent) workers.

FAQS about Workplace Accidents

There are a few common questions that workers in New York, as well as other places, ask after getting injured in a workplace accident, including:

Q1: How soon should I report an accident to my employer?

A: You should report your accident to your employer as soon as possible. Keep in mind that it should be no later than 30 days, or your claim may be denied.

Q2: When should my company or employer contact and send a report about the accident to their insurance company?

A: The accident should be reported by your employer to their insurance company as soon as they can. Remember, that the accident needs to be reported within 7 days, soon after they hear about the accident. After receiving your employer’s notice, the insurance company should send you a detailed brochure outlining their terms within 3 days. This booklet will provide you with information about your rights and responsibilities as well as workers’ compensation law in New York.

Q3: What should I do if my employer does not report my injury to the insurance company?

A: If your employer does not report your injury to their insurer for whatever reason, you have the right to do it yourself. However, if you need help, you should get in touch with the EAO, or Employee Assistance Office, in your area.

Q4: What kind of medical treatment should I get and do I have to pay for it?

A: After authorization from either your employee or their insurer, the medical provider will give you the medical care, prescriptions and treatment you need depending on your injury. As for payment, you will not need to pay for the medical care. Your medical provider should submit all authorized medical bills to your employer’s insurance company in order to receive payment.

Q5: Do I have to pay income tax on the money I receive from compensation?

A: The answer is no. However, if you return to work on limited or light duty and still receive authorized medical treatment, there will be taxes that you need to pay on any wages that you earn while you are working.

Q6: Can I receive both workers’ compensation benefits and social security benefits at the same time?

A: Yes, you may be eligible to receive both workers’ compensation and social security benefits. However, a reduction, or an offset, in your check for workers’ compensation may be applied because according to the law, a combination of the two may not exceed 80% of your average weekly wage that you earned before getting injured.

Get Legal Help in New York for Workplace Injury

If you or a loved one has been injured in a workplace accident, you should immediately seek the counsel of the reliable personal injury attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. RMFW Law knows how to win cases. You think the Yankees win a lot? They win because they outspend the opposition, we win because of our acumen and tenacity. RMFW Law is a winning law firm. We know which legal windows to open and when to open them. We have won millions of dollars for past clients. You too can be on this salient list. We charge you nothing up front. We are paid only if you are paid. Call us today!

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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