Frequently Asked Questions About Workers’ Compensation
Can I collect Social Security Disability while I’m collecting workers’ compensation?
Yes. Some injured workers are eligible for both workers’ compensation and Social Security Disability Insurance to cover medical treatment and other expenses. Social Security benefits may be reduced depending on the amount of workers’ compensation benefits received; this adjustment is called a workers’ compensation “offset.”
Do I have to stay out of work to collect workers’ compensation benefits?
Your benefits may continue after you return to work, depending on several factors including your pay rate before and after your injury. If your pay rate has been reduced, you may be eligible to receive workers’ compensation benefits to make up for your reduced earnings.
Do I need to have a Social Security number?
No. You do not need to have a Social Security number. Generally, you may be entitled to New York State Workers’ Compensation benefits despite not having a Social Security or Taxpayer Identification Number.
I am an undocumented immigrant. Can I seek workers’ compensation benefits?
Yes. Undocumented immigrants are just as eligible for workers’ compensation benefits and personal injury compensation as legal residents and U.S. citizens.
Why should I file a New York state workers’ compensation claim?
Filing a workers’ compensation claim is an injured worker’s first, and often, only remedy when they are injured at work. Under the New York State Workers’ Compensation law, an injured worker is entitled to both medical and indemnity (monetary) benefits. Under most circumstances the workers’ compensation carrier is the only party responsible for payment of these benefits. An attorney can help ensure that your claim is filed properly within the proper time frame.
Should I notify my employer if I’m injured?
Yes. Under the law, you MUST give formal, written notice of your injury to your employer within 30 days. After this 30-day window, it becomes more difficult to hold an employer accountable to workers’ compensation laws.
The notice you provide must include all the specific details of the accident. No written notice is required when your employer has “actual notice” of the injury — meaning that he or she personally witnessed the accident, or was informed at the moment by a co-worker and was aware of your need for urgent medical attention.
Do I have to pay my lawyer up front?
No. All attorney’s fees are granted by the presiding Judge only if we successfully obtain benefits on your behalf. Our fees are drawn from your successful compensation award. In other words, we do not receive payment unless your case is successful.
More Questions? Call Us!
Workers’ compensation law is complicated, which is why it’s so useful to hire an experienced lawyer to help you navigate the many rules and deadlines. Workers’ compensation attorney Rex Zachofsky and his trained staff can answer all of your questions and help you obtain the legal outcome you’re seeking.
To see how The Law Offices of Rex E. Zachofsky can assist in your case, contact us online or call us at 212-257-3305 and schedule an initial consultation in our New York City office. Hablamos Espanol. Parliamo Italiano.