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FAQs about Workers’ Compensation

According to a report issued by US Bureau of Labor Statistics in the year 2015, roughly 2.9 million non-fatal workplace injuries and illnesses were reported by employers in the private industry – at a rate of 3 cases per 100 full-time employees.

If you have been injured at your workplace, contact us for help in filing a personal injury claim.

More than 50% of the approximately 2.9 cases of workplace injuries and illnesses reported involved days away from work, restriction or job transfer. These cases took place at a rate of 1.6 cases for every 100 full-time workers. Additionally, it was reported that close to 95.2% of the 2.9 million non-fatal injuries and illnesses were made up of injuries, which means nearly 2.8 million were injury cases.

Common Questions about Workers’ Compensation

Many workers get injured on the job or fall sick due to hazardous conditions in the workplace. In most cases, they have questions about workers’ compensation and how they can make sure that they protect their rights, including:

Q1: How do I determine if my injuries are covered by workers’ compensation?

A: It can often be complicated to try and determine if you are indeed covered by workers’ compensation. There are generally two main factors determining your status – whether you are an employee and whether you sustained your injury due to your employment. You should keep in mind that neither of these factors are a guarantee that you are covered by workers’ compensation.

For examples, depending on the rules in your state, some workers, like agricultural ones, do not have coverage. Also, if you intentionally injured yourself or were intoxicated at work, workers’ compensation may not cover you. If you have any doubts, you should contact a lawyer experienced in workers’ compensation and get advice on your rights.

Q2: If a worker is receiving the benefits of workers’ compensation, but goes back to work, can they still get to receive those benefits?

A: Maybe. If the employee returns to work and is able to receive wages that are equal or higher than the amount they were earning before the injury, benefits will likely be stopped. However, if the worker is still experiencing lost wages due to the injury, they may continue to receive benefits of wage loss, although it is likely that the benefits will be for a lesser amount.

Q3: If it is a “no fault” system, can a worker recover the benefits of workers’ compensation regardless of what they did?

A: The answer to this question is no. Although workers’ compensation covers most injuries, it does mean that workers have free reign to cause injury to themselves, or act in whatever way they want, and then collect workers’ compensation benefits. Generally, if a worker sustains an injury at the workplace as a result of illegal drug use or intoxication, it is unlikely that they will be able to receive benefits.

Call us today!

If you or a loved one was injured in the workplace, you should immediately seek the counsel of the winning personal injury lawyers at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. You can find out how to protect your rights during this first meeting.

We will be able to detect how viable your case is, if it is at all. If it is, we will ride this case with you all the way until the end. We know how to win cases and we are only paid if we win or settle this case. We will keep you informed every step of the way. RMFW Law works hard and smart for all its clients!

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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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