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Workers' Compensation

The Law Firm of Ouimette, Goldstein & Andrews has been representing people injured on the job for over 40 years.   While the Workers' Compensation Law in New York state has undergone significant changes, there has been one constant, the dedication of our attorneys and staff to providing the best possible representation to all of our clients.  We understand that this is a difficult time for you and we strive to maximize your recovery and get you back on your feet.  

Contact us as soon as possible after your injury to be sure your rights are protected. 

Workers' Compensation

Workers’ Compensation is essentially broken down into two types of benefits:  medical benefits and lost wage benefits.   An individual is entitled to lost wage benefits when their medical condition causes them to lose time from work, or causes a reduction in earnings.  Further, an individual may be entitled to benefits when they suffer from a permanent condition.


In New York State, when an individual loses time from work due to an injury, they are generally entitled to two-thirds their average weekly wage, up to a maximum rate per week depending upon the date of their injury.  An individual that loses time from work for any type of injury, such as injuries to the back (lumbar/thoracic), neck (cervical), head/brain, extremities, knees, feet, hips, hands, elbows, shoulders, is entitled to benefits for their lost time.  Additionally, injuries to other parts of the body, or injuries due to exposure to lungs, hearing loss, visual loss, tinnitus, or chronic painful conditions, or any type of medical condition that arises out of their work, entitles the injured party to benefits for lost time or lost wages.

If an individual is injured on the job, they should report the injury immediately to their employer, or must, by law, give written notice to their employer within 30 days.


There are different types of on the job injuries.  There are injuries that occur as a result of an accident on the job.  For these injuries, notice must be given by the injured worker to the employer within 30 days.  However, notice should be given immediately in order to initiate the claim process properly.


Injuries are also caused by the occupation, and not necessarily an accident.  For example, workers sometimes sustain injuries such as Carpal Tunnel Syndrome, due to repetitive use of their hands.  In these cases, notice must be given to the employer within 30 days of when the individual knew, or should have known, that their injury was work related.

There are many different types of workers’ compensation injuries.  These are injuries that involve injuries to the neck, back, head, loss of use of the arms, legs, knees, hips, fractures, broken bones, Carpal Tunnel Syndrome, brain damage, repetitive stress injuries, pulmonary injuries and Reflex Sympathetic Dystrophy.


Individuals also have a right to medical care.  Medical care is important because it helps document the injury.  When an individual has an job related accident, they should see a doctor on a regular basis.  Medical care is covered for any injury sustained while working.


There are also benefits for an individual’s family, or dependents, when a work accident causes the death of a worker.  The Estate is entitled to death benefits whether there are dependents, such as a spouse or children, or if there were no dependents at all.  

We can help your family whether the death or injuries are sustained as a result of motor vehicle accidents, construction accidents, scaffolding accidents, slip and fall accidents, or any other type of accident.


There are changes to the Workers’ Compensation Law in New York State on a regular basis.  For example, the law now places certain arbitrary caps or limits on how long an individual can receive benefits.   


It is very important to retain an attorney that can counsel you regarding other benefits you may be entitled to, such as Social Security Disability Benefits, Supplemental Security Income Benefits, New York State Retirement Disability Benefits, and personal injury law suits from slip and fall accidents, motor vehicle accidents, construction accidents, and fatal accidents.

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