Compensation & How Does It Work

If I’m Involved In A Car Accident While Working, Can I Claim Workers’ Comp?

Yes, if you are working when you are a pedestrian who is hit by a car or are in another vehicle that was involved in the accident and you sustained an injury, you can claim workers’ compensation.

There may be complications with filing since car insurance should also provide coverage, but in many cases, the coverage provided through car insurance isn’t enough and the policy limits are met quickly.

What Types Of Construction Accidents Qualify For A Special Lawsuit For Pain And Suffering In New York?

There are numerous construction accidents that qualify – some of them are listed below. Contact our team for additional information regarding your accident.

  • Asbestos Exposure
  • Ceiling or floor collapses
  • Crane accidents
  • Defective machinery or heavy equipment
  • Electrocution
  • Falls from ladders and/or scaffolding
  • Falls through floor holes or other unprotected openings
  • Forklift injuries
  • Slips and falls on construction debris -and- from falling construction debris

Am I Entitled To Workers’ Compensation?

Under New York State law, all employees who are injured in the course of work are entitled to receive workers compensation, regardless of what caused their injury. However, it is often difficult to obtain workers’ comp benefits because the claims process is complicated and insurance companies will try to deny your claim to avoid paying up.

In order to obtain workers’ compensation benefits, an injured worker must prove that he or she has an injury, illness or disability that occurred during the course of his or her employment.

What Is Workers’ Compensation & How Does It Work?

Workers’ compensation states that employees have the right to receive benefits when they are acutely injured, develop an injury or contract illnesses at the workplace. The purpose of the law is to protect employees who are injured on the job and help them return to gainful employment as soon as possible after an injury or illness.

In return for this protection, workers give up their right to sue their employer for negligence. The idea is to limit litigation fees and protect workers in the unfortunate event that they suffer an injury. This would be a fair deal if workers always received the benefits that they are guaranteed under the law.

Am I Entitled To Workers’ Compensation?

Under New York State law, all employees who are injured in the course of work are entitled to receive workers compensation, regardless of what caused their injury. However, it is often difficult to obtain workers’ comp benefits because the claims process is complicated and insurance companies will try to deny your claim to avoid paying up.

To obtain workers’ compensation benefits, an injured worker must prove that he or she has an injury, illness or disability that occurred during the course of his or her employment.

I’ve Been Injured On The Job. What Should I Do Now?

Knowing what to do after a workplace injury can help improve your chances of obtaining any workers’ compensation benefits that you may be entitled to.

Three things you should do immediately after suffering an injury on the job include:

  • Notifying your employer of your injury
  • Seeking medical attention for your injuries
  • Contacting a workers’ compensation lawyer

What Types of Work-Related Injuries Are Eligible For Workers Comp?

Under New York law, employers are required to provide workers’ compensation for all employees through an insurance plan or via self-insurance.

Additionally, New York workers’ compensation states that injured workers’ are entitled to receive benefits for any type of injury, regardless of what caused the injury.

Therefore, all types of workplace injuries can qualify for workers’ compensation. Some of the most common types of injuries that we help with include:

  • Back Injuries
  • Knee Injuries
  • Eye Injuries
  • Head Injuries
  • Bone Fractures & Muscle Strains
  • Burns, Scars & Disfigurement
  • Carpal Tunnel Syndrome
  • Heart Attack & Strokes
  • Loss of Limb / Amputation
  • MRSA Infections
  • Neck Injuries
  • Hearing Loss
  • Nerve & Tendon Injuries
  • Paralysis, paraplegia & quadriplegia
  • Repetitive trauma injuries
  • Mental health issues
  • and other work-related injuries
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Testimonials
  • I was a victim of a hit and run and suffered multiple trauma. It could not have come at a worst time. My husband had to work and my kids, who are in college, could not leave school to help out. But thanks to EnCare and their amazing staff, My husband did not have to miss work, which would have caused us financial hardship, and I recovered wonderfully under the care of my of nurses and aides.

    – JoEllen P., Howard Beach, NY

  • My wife and I were shopping when a car jumped the curb and hit us both. Luckily my wife just got away with some minor scratches and bruises, but unfortunately I wasn’t as lucky. I woke up with two broken arms and a broken ankle which made me non-weight bearing . I was in the hospital for two weeks and expressed that I would rather be home. I was given an agency other than Encare at the time and basically I was very unsatisfied with not only their services, but also the lack of other services I would have benefited from. I then called the hospital and asked about changing to another agency that would be able to accommodate me. That’s when I was referred to EnCare Home Care. It was the best phone call I ever made. The staff was friendly, caring and thorough. Not to mention, they provided every service I needed in my recuperation. I would recommend this agency to everyone. Thank you so very much for all you’ve done for me, EnCare. I really appreciate how you jumped right in and took over so quickly and easily.

    -Matthew K., NY, NY

  • My son was riding his bike on his way to school when he was struck by a truck. My poor baby suffered two broken legs. After his hospital stay, I then had to come to terms that he wouldn’t be able to attend school for some time and would have to be home. My problem was that I’m a single mom that works up to 50 hours a week. I was so worried that not only would I lose my job, but that I wouldn’t be able to care for my son properly. But thankfully, my son’s social worker at the hospital referred Encare for home care services. She then further explained to me that I would not incur any cost for these services. Not only did they help take care of my son, but they also assisted him with transportation to and from his orthopedic appointments. What helped a lot was that they provided in home physical therapy and sent a nurse for his wounds/pin care. I don’t know what I would have done without them. As a mother, I would like to personally thank Encare for providing these valuable services to the community.

    – Patricia W., Brooklyn, NY

  • “I was the victim of a violent crime. I would like to give thanks to EnCare for placing me in their long term care program. They have made it possible for me to remain in my home with dignity and pride.”

    – Shen W., NY, NY

  • “After my scaffolding accident, I was scheduled to be placed in a rehab nursing facility. Thanks to EnCare, I was able to obtain the therapies in the comfort of my home with my wife and children by my side. Much appreciated EnCare.”

    – Stanley T., Rosedale, NY

  • “I would like to thank EnCare for taking care of me after my car accident. The nurses were terrific and my aide was outstanding. I will never forget any of your staff. Being a widower, I was worried that I may be put in a nursing home for my recovery. But thanks to your company I was able to recover in my own home. Many thanks!”

    – Xavier L., Staten Island NY

  • “Muchas gracias por cuidar de mi cuando me rompi la pierna en el accidente. Maria mi ayudante era una persona maravillosa y agradable. Ella ayudo a cuidar de mi y mi familia y hasta me acompano a las citas con el medico. Gracias EnCare por sus servicios.”

    – Luz H., Brooklyn NY