New York Workers Compensation Lawsuits

According to the US Bureau of Labor Statistics, more than 4 million workers received injuries on the job during 2005 and 5,700 workers lose their lives from work-related accidents and injuries.

New York City's (NYC) no-fault worker's compensation program provides for financial protection to workers who get hurt on the job and also, provides them appropriate medical attention.

New York State laws require employers to buy insurance that will provide compensation benefits to their employees in case of an injury on the job. This insurance covers required medical care expenses and recovers lost wages. It provides medical treatment facilities but, if you are about to file an injury claim, then the process can be quite tedious. Most injury cases are handled by a third party insurer (that excludes the State) that will try its best to devoid you of injury claim.

If your injury claim is denied, reduced or terminated, then you are allowed to have a hearing before a law judge. The other side will also hire a strong defense attorney to try their best to make your injury claim amount void and if you are faced with a similar situation, then you must get in touch with your workers compensation lawyer to help you get justice and compensation from the negligent party involved.

Workers injury compensation claim covers several injuries, which includes carpal tunnel syndrome, back problems, stress-related problems, mental health issues, heart attacks, illnesses or strokes that could have resulted from inferior safety and health facilities at your workplace. It can include post-traumatic stress disorders and other injuries that the victim has suffered on the job.

If you are employed by a covered NY employer then you can avail the benefits of workers compensation and it should be your top priority to insure the safety of the employees; your employer should provide its employer with adequate medical aid and attention in case of an accident at the workplace. You would be eligible for workers compensation irrespective of the fact if you work full-time, part-time, temporary or are working as any other undocumented worker.

If you have ever been a victim of personal injury due to negligence of your employer within the New York City, then you can consult a New York workers compensation law firms. Your workers compensation attorneys will help you receive workers compensation benefits like Social Security Disability, Supplemental Short-Term Disability, Long-term Disability, New York State and New York City Retirement Disability and other programs.

Most of the workers compensation lawyers work on contingency basis. Therefore, you don't have to spend anything before contacting a workers compensation law firm in New York City (NYC).

A Medical Malpractice Victim's Guide to Compensation in New York - Part 2

A verdict allows a victim to 'enter judgment' against the doctor or hospital for the amount that has been awarded. In addition to the award, interest will be added to the award for past pain and suffering from the time of the malpractice until the date of the verdict.

Once a judgment is entered, the attorney can make every effort to collect against the doctor, hospital or its' insurance company.

Elements of compensation:

1. Pain & suffering

2. Economic loss

(a) Medical & hospital bills

(b) Lost wages

(c) Lost future income

(d) Lost benefits

(e) Lost future benefits

(f) Future medical expenses, including doctors, hospitals, surgery, rehabilitation, medical insurance premiums, nursing, medications & medical equipment.

Pain & Suffering

A settlement for pain and suffering is based on what other similar cases have settled for. Many times your lawyer can determine what 5 days of suffering is worth in the County in which you have your case. They can try and find similar cases and injuries to what you experienced to get a sense of the value of your particular case.

Having said that, it's important to note that every case is different, and every person who suffers an injury handles it differently. That's why there's such great fluctuation between similar cases, especially in different parts of the State. A jury in upstate Albany County may view a fractured arm as having a lower value than a jury in Manhattan or the Bronx.
Importantly, pain and suffering awards are tax-free in New York.

Economic Loss

This is an element of 'damages' that is readily calculated. If the victim was working, we can piece together what they were earning at the time of the malpractice, and then project forward what they likely would have earned in the future had they not suffered such horrible injuries.

In order to help a jury understand the value of money, medical malpractice lawyers will often hire economists, experts at evaluating and discussing the value of money. We all know that the value of a dollar 20 years ago was much different than it is today. That's known as inflation. An expert economist is brought in to explain to a jury that a dollar today will not buy the same things 10, 15, 20 and even 30 years from today. That is why when we ask a jury to make an award today, they must recognize that this award will be used to help pay for medical expenses for the rest of that victims' life. If an award is made to pay for something that costs $100 dollars today, in 15 years that same $100 will not be able to buy the medical device that he used to buy it 15 years earlier. it would not be fair to the victim or his family to dig into their own pockets to pay for those expenses, especially when they did nothing to contribute to the victim's injuries. It should be the total responsibility of the person who caused the harm.

To determine what medical expenses are likely to be incurred in the future, medical specialists are brought in to discuss the victim's injuries and what they can expect to happen in the future. We often include rehabilitation experts, and vocational experts to explain what type of employment this handicapped individual might be capable of doing in the future, and what kind of income they could ever be expected to earn.

Conclusion

These are the basics to understanding how a medical malpractice victim obtains full and fair compensation in the State of New York.