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FAQ

  • Our FAQs

    • How does workers’ compensation work in New York?
      Nearly every employer in New York is required to carry workers’ compensation insurance. If you are an employee, and you suffer any type of injury or illness related to your employment, you are likely entitled to workers’ compensation benefits. Workers’ compensation covers both injuries that happen at work and injuries or illnesses that develop over time due to working conditions. You do not have to prove that your employer (or anyone else) was negligent to file a workers’ compensation claim; in exchange, however, you cannot sue your employer for a work-related injury.
    • What should I do if I was injured on the job or diagnosed with a work-related illness?
      First, you should seek medical attention. If you were involved in a serious workplace accident, call 911 or go to the emergency room if necessary. Your health and safety are the most important things. Next, you should notify your employer about the injury or illness right away. Generally speaking, the law requires you to report the injury or illness to your employer within 30 days. If you fail to do so, you could lose your right to workers’ compensation benefits. Once you have sought medical attention and have reported the injury, you should contact a workers’ compensation attorney right away. Your employer may try to dispute your claim, or they could argue that you had a preexisting condition. You may wish to get a second opinion after your initial medical examination, or you may disagree with your doctor’s assessment of your injuries. Your attorney can help you with all of these things, as well as any other legal aspect of your claim.
    • How much does a workers’ compensation attorney cost?
      At Schotter Millican, our legal fees are dependent upon us recovering compensation for you. There are no upfront or out-of-pocket expenses when you hire our team and, in the unlikely event we do not recover a settlement or verdict on your behalf, you do not pay.
    • Can I take video of my independent medical evaluation?
      Yes! Videography plays a crucial role in protecting the rights of injured workers during Independent Medical Examinations (IMEs). In New York, employers and their insurance providers can require an IME after an injured employee files a workers’ compensation claim.
    • Can my employer fire me if I file a workers’ compensation claim?
      Your employer is not allowed to retaliate against you in any way when you file a workers’ compensation claim. This means they may not fire you, let you go, demote you, pass you over for a promotion, refuse to give you a raise, or otherwise take negative action against you because you have sought workers’ compensation benefits. If you believe your employer has unjustly retaliated against you, reach out to our team at Schotter Millican. In addition to appealing denied workers’ compensation claims, we handle complex employer retaliation cases related to workers’ compensation and wrongful termination.
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