Overview

My job is to help you receive all the benefits you’re entitled to, guide you through the workers’ compensation system, and make legal arguments on your behalf. This page is meant to give you basic info as an injured worker — it’s a reference, not a substitute for legal counsel. If you have questions, call or email any time.

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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. I can often minimize or eliminate the impact a pre-existing condition has on your case — but only if I know about it. Tell me about any pre-existing conditions up front.

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.

Workers’ compensation cases that look straightforward at first can get complicated fast. By the time many injured workers realize they need an attorney, important steps have already been missed. My approach is to spot problems early — before they become a crisis.

You probably need a Workers’ Compensation lawyer 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. Here’s how I can help:

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

How are attorneys 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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