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The Law Offices of Frank J. Dito, Jr.

6 Issues to Discuss with your Staten Island Worker's Compensation Lawyer

Frank J. Dito, Jr.
Car accident, personal injury and workers’ compensation attorney serving Staten Island and Brooklyn New York.

I was hurt at my job. Do I need to file a Workers’ Compensation claim?

 If you are hurt while you are working, you must report the accident to your employer. If you fail to notify your employer within 30 days after the accident, you may lose the rights to workers’ compensation benefits.

My employer said that they would pay for everything when I got hurt. Do I need a lawyer?

A lot of my clients come into my office and begin to tell me that when they got hurt, their employer told them the same thing. Now, the employer wants them to return to work and is threatening to cut off their benefits. Since the employer voluntarily paid your benefits without waiting for a Judge's decision, it may suspend or modify the payment based on payroll or medical evidence submitted to the Board. While you are not required to have a lawyer represent you, a Staten Island workers’ compensation attorney will make sure that you receive the benefits that you are eligible for.

Do I have a lawsuit against a 3rd-party?


In New York State, except in rare circumstances, you are not allowed to sue your employer. Many times, although an accident happens at work, someone besides your employer may be responsible for your injuries.

How much money will I be paid if I am unable to return to work?


In New York, your “Average Weekly Wage” determines how much money you receive while you are out of work. The Workers’ Compensation Board calculates your benefit by taking 2/3 of your average weekly wage and multiplying it by your percentage of disability. So if you are totally disabled, the most you would be eligible to receive is 2/3rds of your weekly salary. As of July 1, 2009, the maximum cash benefit that you may receive is $600 per week.

I haven’t lost any time from work because of my injury. I am still eligible for medical benefits?

 Even though you did not miss any time from work, you are still eligible to receive medical care for your injuries.

Are prescription drugs and medications covered under my workers’ compensation claim?

Prescription drugs and medications are covered under your workers’ compensation claim. If your pharmacy requires to pay for the prescription in advance, you should send a receipted bill and letter from the attending physician to the insurance carrier, stating that the purchase was necessary and in accordance with the physician's direction.
Most major pharmacies, such as the numerous CVS stores located on Staten Island, bill the insurance carrier directly without requiring you to pay for the medication out of your own pocket.