Frequently Asked Questions
Frequently Asked Questions-Workers’ Compensation
Over the years we have maintained our Workers’ Compensation and Social Security Disability practice, we have collected a series of answers to frequently asked questions by our clients. While these questions can broadly address many issues, we also suggest that you contact us for more specific information and advice regarding the facts of your own case.
Frequently asked questions:
Should I tell my employer?
Yes. It is required that you inform your employer as soon as possible after your injury.
Can I see my own doctor?
Yes, you can see your own doctor. Since the doctor is the primary decision maker in your case, it is important to get treatment as early as possible and to continue getting medical treatment so long as it is necessary. Our attorneys can assist you in finding a doctor who will accept a workers’ compensation payment.
How often should I see a doctor?
If your injury or condition is ongoing, you should see a doctor who can supply evidence of your disability every 4 to 6 weeks.
How long will it take before I get paid?
You may be able to recover benefits as soon as 30 days after the injury if the documents were filed quickly and if sufficient medical evidence was provided to support your claim.
Can my employer fire me if I cannot go back to work?
Yes. Employees are employed at-will, meaning that if you can no longer perform your job duties, an employer has the right to terminate your employment. However, retaliation for filing a workers’ compensation claim is illegal. If you believe that you were wrongfully terminated from your employment, we can help you get legal recourse you need.
Can I return to work while the claim is ongoing?
Yes. You should look for an opportunity to do so. Even if another job is for less than you made before. If that's the case, workers' comp will pay you a percentage of difference.
How much can I recover?
You can recover 2/3 of weekly wage with a cap of $550 per week for injuries after July 1, 2008 and $600 for accidents occurring after July 1, 2009. You are entitled to compensation for medical treatment, but a doctor must give permission for care that exceeds $1000.00. Permanent disability injuries occurring after March 14, 2007 are also capped based on the severity of the disability.
If you have lost a loved one, you can recover funeral expenses (usually $5000-$6000). If a worker is killed, spouse and children have a workers’ compensation claim. A payment may also be made to the estate if there are no dependants. For more information about your Workers’ Compensation benefits, please contact us. We can provide you with more information specific to the facts of your case.
Do I need an attorney?
While you could attempt to handle your case alone, you may forego certain rights and lose your opportunity to collect benefits. An experienced attorney can efficiently and effectively handle all aspects of your claim to ensure it was properly filed and that necessary medical documentation and evidence was provided.
Contact Ouimette, Goldstein & Andrews, LLP for a free consultation with an experienced New York Workers’ Compensation and Social Security Disability lawyer in Orange and Dutchess Counties.
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