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Workers Compensation

If you have been injured on the job, you may be entitled to receive benefits from the State of New York to cover lost time from work and to pay for your medical expenses. An injury at work can occur from an event as simple as a slip and fall or from something that occurs over time like repetitive stress from lifting, bending or typing. If this happens to you or a loved one, having an attorney who is experienced in handling the many types of injuries that can occur at the workplace can make the difference between a claim that never gets established, and a claim that results in a lifetime award.

A Workers’ Compensation case in New York is different than a lawsuit in regular Court.  New York State law prohibits lawsuits against employers for injuries occurring on the job except in special, limited circumstances. All disputes in Workers’ Compensation claims are adjudicated by Administrative Law Judges at the Workers’ Compensation Board.  There are Boards are located in the five boroughs of New York City, Long Island and in the remainder of New York State.

While there the rules of evidence and pleading required by the Board is much different than in Supreme Court, the law that governs monetary benefits, medical treatment, as well as the determination of permanent injuries has become increasingly complex. In 2010 new Medical Treatment Guidelines were created as were Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity in 2012. The Medical Treatment Guidelines of 2010 apply to all work-related injuries to the neck, back, shoulder and/or knee without regard to the date of your injury. The Board’s 2012 Guidelines on Permanent Impairment introduce an entirely new methodology for calculating the degree of permanency in non-schedulable claims that places emphasis on the worker’s educational and vocational abilities.  Hiring a Worker’s Compensation Lawyer who is familiar with the new laws and guidelines that have flowed from the 2007 overhaul of the NY Workers’ Compensation Law is essential to the success of your case.

Unlike other types of cases, attorneys’ fees in Workers’ Comp claims are paid by either an employer or insurance company to the claimant’s attorney.  You will not have to pay out of pocket for an attorney and it is customary for attorneys in NY to request 10% to 20% of the money that moves to the claimant as a result of the work the attorney has performed as an attorney fee. Attorneys’ fees are also customarily granted when an attorney demonstrates the claimant’s right to an ongoing monetary benefit at a hearing.

The goal of Dalli & Marino, LLP is to provide you with appropriate legal guidance to help you navigate the difficult and often confusing decisions involved in a Workers’ Compensation case. If you retain our firm, your matter will be handled by an experienced attorney who understands the system and will work hard to make sure you receive proper compensation for your injuries.

Dalli & Marino LLP has been effectively and successfully representing injured workers in Worker’s Compensation claims and third-party claimants since 1996, serving all of the New York City, Brooklyn, Bronx, Queens, Staten Island, Nassau County, and Suffolk County. Our professional legal staff is dedicated to protecting people like you who are injured on the job, and work our hardest to see that you are justly compensated.