Kelman, Winston & Vallone, P.C. Free Consultation at (212)455-5555
Kelman, Winston & Vallone, P.C.
Firm Overview Attorney Profiles FAQ Links Contact Us En Espanol
   
  Are heart attacks and strokes covered by Workers Compensation?
Yes, if your work activities caused or contributed to the condition.

Can a nurse case manager from the insurance company come with me to see my own doctor?
Only if you or your lawyer grant permission.

Can I be fired for filing a claim?
No, it is illegal for your employer to fire you for filing a claim. If they do, you can file a discrimination case with the Workers Compensation Board.

Can I choose my own doctor?
Yes, as long as he or she is coded by the Workers Compensation Board. Please seee contact information and call out office for a list of Compensation Doctors near you.

Can I get worker's compensation even if I work off the books?
Yes.

Can I receive a monetary award even if I did not lose time from work?
Yes. An injured worker is entitled to a cash award for an injury to an arm, leg, hand or foot as well as vision and hearing loss even if you did not loose time from work. You are also entitled to a cash award for a facial disfigurement.

Do I have to tell my boss about my accident?
Yes, you must tell your boss or employer about your accident wihtin 30 days of the date of accident in order ot qualify for worker’s compensation.

Do I need an attorney?
In most circumstances, it is advisable that you retain an attorney. Please contact our office for a free consultation.

Do I need to notify my employer of my acccident in writing?
No, although its preffered, it is not required. You may notify your employer or boss orally.

How long do I have to file a Workers Compensation Claim?
You have 30 days from the date of injury or two years from the date of the accident. Although this statute of limitations has been extended for 911 workers and those who suffer from occupational diseases.

How long do I have to work for my employer to be covered by Workers Compensation?
You are entitled to coverage as of the first day of the job.

How much does an attorney charge?
Attorneys do not charge but are awarded a fee by the judge out of the injured workers benefits, only if the attorney is successful in obtaining compensation.

How much does Workers Compensation pay?
How much a worker receives in worker’s compensation benefits is determined by the average weekly salary for one year prior to the date of injury and the worker’s current degree of disability.

I am in this country illegally. Do I still qualify for worker’s compensation?
Yes.

Is an injury or damage to the lungs covered by Workers Compensation?
Yes, if caused by conditions on the job such as, but not limited to, diseases caused by asbestos or 9-11.

Is hearing loss covered by Workers' Compensation?
Yes. However, you must be removed from noise exposure for 6 months.

Is treatment by a chiropractor covered by Workers Compensation?
Yes.

Must I sign medical releases requested by the insurance company?
Yes, but only to release medicals for treatment related to your accident.

Should I talk to insurance company "nurse case managers", claims examiners or investigators?
No. You should refer them to your attorney’s office.

What are my weekly payments?
A worker whose injury occurred on or subsequent to 7/1/2007 is entitled to receive two thirds of their average weekly salary, not to exceed $500 a week. A worker whose injury occurred on or subsequent to 7/1/2008 is entitled to receive two thirds of their

What are workers' compensation death benefits?
If you or a family member is killed on the job, the decedents dependents are entitled to weekly benefits.

What if I have a pre-existing injury?
You are still entitled to benefits for the injury caused by your accident on the job.

What if I need medical care after my claim is resolved?
You have the right to life time medical care so you can reopen your clain with the proper medical report.

What is Workers Compensation?
Workers Compensation is an insurance paid to injured workers by your employer, that provides cash benefits and medical care if you become disabled because of an injury or illness related to your job. All employees are covered by the Workers' Compensation

What kind of injuries are covered by Workers' Compensation?
All injuries causally related to your job, including occupational diseases.

What kind of jobs are covered by Workers Compensation?
All jobs are covered except for NYC Police Officers, NYC Firefighters and NYC teachers.

What should I do when I have an accident?
Notify your employer withing 30 days and then see a Doctor. It is strongly reccommended that you contact us, or another worker’s compensation firm.

When will my weekly worker’s compensation benefits begin?
Once your employer has filed an accident report with their insurance company and your doctor files a report saying you are currently disabled from work.

Where can I obtain addditional information about worker’s compensation?
By contacting our office at (212) 966-3730, or visiting us for a free consulatation at:

2 Rector Street, suite 2102
New York, NY 10006



Who will pay my medical bills?
The worker’s compensation insurance carrier for your employer covers all causally related medical bills.

Will I have to go to court?
It is likely that you will have to attend at least one hearing.

Will worker's compensation affect my immigration status?
No.