Overview

Our job is to help you receive all the benefits to which you are entitled, guide you through the workers’ compensation system, and make legal arguments on your behalf.  This website is meant to provide basic info for injured workers.  This website is not intended to be a substitute for legal counsel and is meant to be a reference along with our services.  If you have questions, please call or email.   

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What is workers’ compensation?

Workers’ compensation provides cash and medical benefits to people injured at work. 

• This includes occupational diseases — illnesses, diseases, or conditions caused by work such as repetitive motion injuries, exposure to chemicals or fumes, and back problems caused by repeated lifting.  
• It doesn’t matter who was at fault — if the injury happened while you were at work or because of your job, you are most likely covered.
  • It does not matter who caused the injury – even if you were drunk, having a pillow fight, on scaffolding, you should talk to a Workers Comp Lawyer to see if you have a claim.

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What benefits are available under workers’ compensation? 

• New York workers’ compensation provides three kinds of benefits:
  • Medical treatment at no cost to you:
    • including medical, hospital, and other related treatment expenses.
      • This includes mileage reimbursement for travel to your work-related medical providers; 
• Cash benefits if you are out of work or earning less (reduced earnings); 
• Cash benefits for permanent disabilities, including
  • schedule loss of use for loss of function to arms, legs, hands, feet, and hearing or vision loss.
  • permanent partial disability/classification awards/non-schedule loss of use awards for back, neck, head, or other injures to the core of your body, or particularly severe injures to appendages.
• Workers’ compensation does not provide any benefits for pain and suffering or loss of enjoyment of life, nor does it offer meaningful job protection.

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Am I still covered by Workers’ Comp if I have a pre-existing condition?

If you have a condition or injury is made worse by your employment, you may still be entitled to Compensation benefits.   The legal standard is “where causally related injuries from a claimant’s employment precipitate, aggravate or accelerate a preexisting infirmity or disease, the resulting disability is compensable” and covered by workers’ compensation.

Be honest about all pre-existing conditions or accidents.  We can often minimize or eliminate the impact that pre-existing conditions have on your case.  Please make sure we are aware of any preexisting conditions.  

If a judge finds that you failed to disclose a prior injury or prior treatment to your injured body part (no matter how minor),the carrier might accuse you of fraud. This could lead you to lose you cash benefits.  For example, if your work injury is to your back and have seen a chiropractor in the past, please disclose that treatment.

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Do I need an Attorney?

Not every injured worker needs an attorney. However, since consultations are free, there is no downside in scheduling your free consultation with Rothermel & Wilson.

Although your cases might seem straightforward at first, Workers’ Compensation Cases can quickly become complicated. By the time you realize you need an attorney, it might be too late. At Rothermel & Wilson, we try to anticipate problems before they arise.

You probably need a Workers’ Compensation layer if:

• Your claim was denied.
• You were told your injury isn’t work‑related or that you are not covered by Workers’ Compensation.
• Your employer is pressuring you not to file a claim.
• We can help if the insurance company denies your medical treatment
• You can’t return to work or have long‑term limitations
• You believe you’re not receiving the right benefit rate

If you’re injured, you don’t have to navigate the workers’ compensation process alone. An experienced attorney can help you:

• Understand your rights and benefits
• File your claim properly
• Fully prepare fore hearings and file or respond to appeal.
• Fight denials or delays
• Maximize the compensation you receive

How are attorney paid in Workers Compensation Cases?

• In NY Workers’ Compensation, lawyers are paid on a contingency fee basis. 
• This means that there will only be a fee if there is money moving to you. 
• Fees for NYS Comp are set by statute at 15% of any retroactive or lump sum payment, 1/3 of a single weeks payments if there is a hearing, or 15 weeks of benefits when you are found to have a permanent disability, payable at some small amount per week.
• All fees must be approved by a Workers’ Compensation Law Judge. Although fees come out of your award, they are paid directly by the insurance company, so you never pay directly.

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