Workers’ Compensation

In cases of a work-related injury, the quality of your New York or New Jersey workers’ compensation lawyer can make a significant difference in the final outcome. We sincerely believe injured workers deserve the maximum level of compensation possible under the law, and we are ready to take on the insurance companies and to fight for what is fair.

At Ginarte Gonzalez Winograd L.L.P., we have over 150 years of combined experience, and a professional team of nearly 30 attorneys; all of whom are respected, skilled, and personally committed to the pursuit of justice.

You might assume that any work-related injury will be a clear-cut, simple case, and there will be no problem collecting benefits. Unfortunately, there are many cases of injuries on the job in which the claim is denied, or the amount of compensation provided to the victim does not reflect the level of the injuries, and their long-term impact upon the victim’s ability to work, live, and enjoy life as well as other issues.

Like many programs, workers’ compensation does not always serve the people it insures as well as intended. Injured workers who are initially turned down for benefits, or who do not receive benefits in the amount they think they deserve, may find the appeals process to be confusing and burdensome. Our New York and New Jersey workers’ compensation attorneys can help you get the benefits you deserve.

If you have suffered a workplace illness or injury, and are having difficulty obtaining the workers’ compensation benefits you need for your recovery, contact a workers’ compensation lawyer with Ginarte Gonzalez Winograd L.L.P. Contact us today using our online form, or call us for a free, no-obligation, consultation and an explanation of your legal options.

NY & NJ Workplace Injuries and Workers’ Compensation

Workers’ compensation is an insurance system for employees, who are injured while doing their jobs. The program pays benefits to assist injured workers with medical expenses and lost wages resulting from on-the-job injuries. The law requires employers to maintain workers’ compensation insurance for most workers.

Every state has its own version of this program. New Jersey established the nation’s first workers’ compensation system in 1911. Today, workers in every state, including New York and New Jersey, are eligible to receive medical treatment, wage replacement, and permanent disability compensation, if they suffer job-related injuries or illnesses. Death benefits may also be available for the survivors of workers who die in on-the-job accidents.

Workers’ compensation covers injuries that arise out of, and in the scope and course of, employment. This includes injuries caused by accidents on the job as well as by constant or repetitive work stresses, also known as “repetitive trauma injuries.” Workers’ comp also covers occupational diseases, such as those caused by exposure to toxic chemicals.

Benefits may not be available for workers who suffer self-inflicted injuries, are injured because they were under the influence of alcohol or drugs, or who are injured while traveling to or from their job. There are also a few other narrow exceptions.

The most common on-the-job injuries that workers’ compensation benefits typically pay for include:

• Overexertion (excessive lifting, pulling, pushing, holding, carrying or throwing).
• Falls (on the same level or to a lower level).
• Being struck by an object (such as construction material falling from above).
• Bodily reactions (injury caused by bending, climbing, reaching, sitting, slipping, standing or tripping without falling).
• Being struck against an object (such as pushed into a door or wall).
• Motor vehicle accidents.
• Being caught in, under, or between equipment or objects.
• Assault by another person.
• Contact with extreme temperatures (for example, burns or frostbite).

When a worker is injured, he or she is required to inform the employer about the accident, including when and where it happened. The worker should also state that the injury occurred while working. It is then up to the employer to notify its workers’ compensation insurer, and arrange medical assistance for the injured worker. Medical and disability benefits are paid in amounts according to a state-approved formula.

Filing a workers’ compensation claim requires completing a variety of forms that ask for personal, occupational, and medical information. If a claim is denied, a settlement offer is inadequate, or the injured worker’s circumstances change, the worker may file an appeal. This requires many more forms and data, plus hearings in which the employer and/or their workers’ comp insurance carrier can dispute the worker’s claim. In some cases, an employer, or its insurer, will dispute an injured worker’s initial workers’ compensation claim.

The workers’ compensation attorneys at the Ginarte law firm can take on the burden of handling workers’ compensation questions and forms, while you concentrate on your recovery. The Ginarte law firm provides professional, experienced representation to clients in all kinds of workers’ compensation cases, including cases arising from on-the-job accidents, industrial injuries, occupational diseases, death claims for dependents, and other related claims.

We can assist you with initial claims and appeals, and guide you through the complicated rules of the workers’ compensation courts, disability claims, and even third-party claims.

Contact Our NY & NJ Workers’ Compensation Attorneys Today

If you, or a family member, have suffered a workplace injury, and are having difficulty obtaining the workers’ compensation benefits needed for recovery, talk to a New York or New Jersey workers’ compensation lawyer with the Ginarte law firm. We have more than 150 years of combined experience with claims arising from workplace injuries and illnesses.

Contact our workers’ compensation attorneys today using our online form, or by calling us for a free, no-obligation, consultation and an explanation of your legal options. We collect fees only after you win your case.