What if the accident was my fault?

In general, fault is not an issue with New York workers’ comp claims. It doesn’t matter whose negligence caused your injuries- you are still entitled to benefits.

What benefits can I receive from workers’ compensation?

At the very least, your employer’s insurer should pay reasonable medical bills arising from your work-related injury. If you cannot work for at least 14 days, you will receive cash benefits prorated since your first day off the job. If your injuries are long-lasting, you may be entitled to permanent disability benefits.

What should I say to the claims administrator?

If the claims administrator for your employer’s insurance company reaches out to you, you need to be careful what you say. Even the most innocuous comment could later be used to minimize your compensation. Tell them to call your attorney instead.

Can I file a lawsuit?

In most cases, you can’t sue your employer, even if the injury was their fault. However, in some cases, you may be able to file a claim against a third party in addition to making a worker’s compensation claim. For example, if you were struck by another driver while making a delivery for your employer, you could be entitled to sue that driver.

Albany Workers’ Compensation Lawyer

When you’ve suffered a workplace injury, it can be difficult to move forward with your life. Your days are often consumed with doctor’s visits, medical bills, pain management, and the emotional stress resulting from missed workdays and paychecks. The last thing you need during this difficult time is to navigate the confusing world of workers’ compensation on your own.

A Forceful Advocate for Injury Victims in Albany and Upstate New York

It’s my goal, as Paul Giannetti Attorney at Law, to make your post-injury life easier by being a forceful and skillful advocate for your rights. Over the past 20 years, I have helped hundreds of accident, injury and disabled victims in the Albany area obtain the full workers’ compensation benefits New York State and federal law.

I want to help you, too. I am dedicated to offering compassionate, personalized attention to my clients, and obtaining for them the full and fair compensation they deserve. If you or a loved one has been hurt or disabled on the job, call me at (866) 868-2960 or contact me for a free consultation.

Helping You Obtain the Benefits and Compensation You Deserve

Under New York law, employees injured on the job are usually entitled to workers’ compensation payments without regard to fault. But that doesn’t mean your employer or their insurance company won’t fight to deny or limit the amount of compensation awarded to you, and you can expect they will lean on attorneys to protect their interests.

You deserve an experienced workers’ compensation attorney who fully understands your rights under New York law and is ready to battle for every cent to which you’re entitled. That’s what you get in me. On a practical level, you can also count on me to:

Guide you through the workers’ compensation application process
Help collect medical evidence to prove your injury or disability
Vigorously represent you at New York Workers’ Compensation Board hearings, proceedings and appeals
Fight for interrupted, terminated or survivor benefits
Work quickly so the compensation process won’t be jeopardized or unduly lag
Give my undivided, personal attention to your case
charge legal fees only if you receive compensation for your injuries

I’ll also investigate whether you might be entitled to financial relief from other sources, including Social Security disability and personal injury claims against third parties. If you have a valid claim, I will pursue all appropriate legal remedies to help ensure that you are fully compensated for your injuries and that your standard of living will not decline due to your injury or disability.

I will also help you understand if and when you should consider returning to the job after a work injury. Your long-term health and your financial situation should both be taken into account, and we can assist you in making the right choice about returning to work.

About the New York Workers’ Compensation System

Workers’ compensation is designed to protect employees who suffer job-related injuries or illnesses. The system operates on a no-fault basis, meaning that workers are generally entitled to benefits regardless of who caused the accident. This structure ensures that employees can receive medical treatment and partial wage replacement without having to prove employer negligence.

To qualify for workers’ compensation, an individual must be an employee injured while performing work-related duties. This includes full-time and part-time workers, seasonal employees, and in some cases, even independent contractors who are effectively treated as employees under the law.

Even though the system is intended to be straightforward, claims can be denied or delayed for a variety of reasons. Common issues include missing medical documentation, disputes over whether the injury is truly work-related, and paperwork errors. Employers and their insurance companies also sometimes challenge claims to reduce costs, leaving injured employees to fight for the benefits they’re rightfully owed.

Common Workplace Injuries in Albany and Upstate New York

Workplace injuries can happen in any environment. Workers in all industries face risks that can result in painful and sometimes disabling injuries. Here are some of the most common workplace injuries our Albany workers’ comp lawyers see in different industries.

Construction and Industrial Accidents

According to the U.S. Bureau of Labor Statistics (BLS), construction and extraction workers are at the highest risk of fatal work injuries in New York. Common accidents in these fields include falls from ladders or scaffolding, machinery accidents, electrical shocks, and struck-by-object accidents. These accidents can cause injuries like broken bones, traumatic brain injuries, and long-term disabilities.

Healthcare and Nursing Injuries

Employees of hospitals, nursing homes, clinics, and other healthcare facilities are also at a high risk for workplace injuries. Common injuries in these settings include:

Back and shoulder injuries from lifting or moving patients
Needle-stick injuries
Exposure to infectious diseases
Injuries suffered in assaults by patients

Office and Retail Worker Injuries

Even seemingly low-risk jobs can carry injury risks. Office workers are vulnerable to repetitive motion injuries like carpal tunnel syndrome due to long hours of typing or performing repetitive tasks. Retail and food service workers may suffer slip-and-fall accidents due to hazardous conditions like wet floors or cluttered walkways. These injuries may seem minor at first, but can lead to chronic pain or mobility issues if not properly treated.

What to Expect During the Workers’ Compensation Claims Process

Filing for workers’ compensation might feel intimidating at first, but knowing how the process works can help you feel more in control. Here’s an overview of what to expect when filing a workers’ comp claim in New York.

Filing the Claim

The process should begin as soon as an injury occurs. Your first step should be to notify your employer in writing as soon as possible. Under New York workers’ compensation law, this notification must occur within 30 days of the accident or the discovery of a work-related illness.

Next, you or your attorney must file Form C-3, Employee’s Claim for Compensation, with the New York State Workers’ Compensation Board. This document officially opens your claim and allows the insurance company to begin its review.

You should also seek immediate medical attention, both for your own health and to establish the necessary medical records that support your claim.

Investigation and Evaluation

Once your claim is filed, your employer’s insurance company will investigate. This includes reviewing your accident report, medical documentation, and statements from witnesses or supervisors. Unfortunately, insurers sometimes look for reasons to minimize or deny claims, such as arguing that the injury wasn’t work-related or that your condition was pre-existing.

During this stage, having a lawyer can make a major difference. Your lawyer will help you gather comprehensive medical evidence, ensure your doctor’s reports are detailed and accurate, and respond promptly to any requests from the insurer or Workers’ Compensation Board.

Hearings and Appeals

If your claim is approved, you should begin receiving benefits for medical care and lost wages relatively quickly. However, if your employer or their insurer disputes your claim, the case will proceed to a Workers’ Compensation Board hearing.

These hearings involve both sides presenting evidence and testimony before an administrative law judge. A skilled workers’ compensation attorney can represent you during these hearings, cross-examine witnesses, and make sure the judge understands the full extent of your injuries.

If your claim is denied, you have the right to appeal the decision to the Board’s review panel and, if necessary, to the New York State Appellate Division.

Third-Party Personal Injury Claims for Work Injuries

Workers’ compensation covers most job-related injuries, but it does not always cover all damages. These benefits typically include medical care and partial wage replacement, but they do not compensate for non-economic damages like pain and suffering or emotional distress.

However, if someone other than your employer was responsible for your injury, you may be entitled to pursue a third-party personal injury claim in addition to your workers’ compensation benefits.

When a Third-Party Claim May Apply

A third-party personal injury claim may be an option if a non-employer’s negligence contributed to your injury. For example, if you are a delivery driver who was struck by another motorist while on the job, you can file a personal injury lawsuit against that driver.

Other common scenarios include:

A construction worker injured because of defective machinery could file a claim against the manufacturer.
Slip and fall accidents caused by unsafe property conditions at a job site not owned by your employer.
Electrical injuries resulting from faulty wiring installed by a subcontractor.
Exposure to toxic substances produced or supplied by another company.

These situations may be grounds for a personal injury claim because they involve an outside party who owed you a duty of care and failed to uphold it.

Differences Between Workers’ Comp and Third-Party Claims

The main distinction between the two types of claim lies in fault and damages. Workers’ compensation is a no-fault system, meaning you receive benefits regardless of who caused the accident, but the compensation is limited.

On the other hand, a third-party lawsuit requires proving that another party’s negligence caused your injury, but it allows for broader recovery. These claims may include damages like pain and suffering, future lost income, and diminished quality of life.

Pursuing a third-party claim does not affect your eligibility for workers’ comp. You can receive benefits from both sources, as long as there’s no duplication of payments for the same damages.

Workers’ Comp FAQs

Is It Worth Getting a Workers’ Comp Attorney?

While many workers’ comp claims are straightforward, others are not. For example:

Your employer or their insurance company may dispute your version of the accident or deny your claim altogether.
You have a preexisting condition that the insurance company tries to hold against you.
The insurance company is disputing the permanent disability rating assigned by your treating doctor.
Your injury has left you unable to work again.

In these and similar situations, an Albany workers’ compensation lawyer will advocate for you and protect your rights during any workers’ compensation hearings or appeals. I am well-versed in the strategies that insurance companies use to delay or avoid compensating injured workers and will fight for the benefits you deserve.

Do You Need a Lawyer to Get a Workers’ Comp Settlement?

New York workers’ compensation law does not require you to be represented by an attorney. Many claims are also straightforward and paid without any issues. However, if your employer or their insurance company is disputing the claim, forcing you to prove your case at a workers’ comp hearing, you’ll almost certainly need a lawyer to help you.

How Long Does It Take to Settle a Workers’ Compensation Claim?

While every case is different, an undisputed workers’ compensation claim should result in benefits being paid within around three weeks of the insurer receiving the injury report. However, if the claim is being disputed, the settlement process can take months. I always advise my clients on what they can expect if it looks like their claim will take a while to resolve.

What Questions Should I Ask My Workers’ Comp Lawyer?

Questions you should ask your workers’ comp lawyer include:

What if the accident was my fault? In general, fault is not an issue with New York workers’ comp claims. It doesn’t matter whose negligence caused your injuries- you are still entitled to benefits.
What benefits can I receive from workers’ compensation? At the very least, your employer’s insurer should pay reasonable medical bills arising from your work-related injury. If you cannot work for at least 14 days, you will receive cash benefits prorated since your first day off the job. If your injuries are long-lasting, you may be entitled to permanent disability benefits.
What should I say to the claims administrator? If the claims administrator for your employer’s insurance company reaches out to you, you need to be careful what you say. Even the most innocuous comment could later be used to minimize your compensation. Tell them to call your attorney instead.
Can I file a lawsuit? In most cases, you can’t sue your employer, even if the injury was their fault. However, in some cases, you may be able to file a claim against a third party in addition to making a worker’s compensation claim. For example, if you were struck by another driver while making a delivery for your employer, you could be entitled to sue that driver.

Who Pays for a Workers’ Comp Attorney?

In New York, your worker’s comp attorney will be paid out of your settlement or award. A judge must approve the fees, which will then be deducted from the cash portion of what you receive (does not include medical benefits).

Should I Get a Lawyer if I Got Hurt at Work?

If you are injured at work and it looks as if you may be off work for a while and/or require ongoing medical treatment, call a workers’ comp lawyer as soon as possible. If you are injured in and around Albany, New York, I will facilitate your claim, advocate for you if it is disputed or rejected, and protect your interests.

Contact Paul Giannetti for a Free Consultation Today

If you or a loved one has been injured at work in the Albany area or in upstate New York, call (866) 868-2960 or contact the workers’ compensation law firm of Paul Giannetti for a free consultation. You pay legal fees only if you receive compensation for your injuries.