Workers Compensation New York
It is unfortunate, but some workers are involved in accidents in the workplace, or suffer an illness because of their job. If you are injured on the job, New York law provides for workers’ compensation to provide benefits and money to compensate you for these injuries. You will need benefits in order to support yourself during your recovery after suffering a workplace injury or illness, and workers’ compensation benefits are meant for just that purpose. An attorney can help you file your workers’ compensation claim to ensure that you receive the benefits and medical expenses that you are entitled to.
Workers’ compensation is a form of insurance that is meant to provide workers who are injured on the job with financial support during their recovery. Workers’ compensation also provides injured workers with compensation for their medical expenses. Most employers in New York are required to provide their workers with workers’ compensation insurance coverage. Injured workers file a workers’ compensation claim, and if approved, the injured worker will receive compensation for their medical expenses and their lost wages during their period of recovery.
Common Types of Workplace Accidents and Illnesses
Far too many workers in New York find themselves involved in a workplace accident that causes them to suffer an injury or an illness. Workplace accidents can take many forms, and could happen quite suddenly and without warning. Some common types of workplace accidents and illnesses include:
- Construction site accidents;
- Accidents resulting from falling objects or equipment;
- Slip and fall accidents on the job;
- Automobile accidents that occur as part of your job duties during work hours;
- Explosions or fires;
- Exposure to chemicals or toxic substances;
- Falls from heights in the workplace; and
- Crush or impact injuries resulting from heavy equipment.
Injuries resulting from workplace accidents can be very serious, and can require long recovery times. Depending on the severity of the injury, an injured worker might need surgery, rehabilitation or additional therapy or treatment down the road.
In New York workers’ compensation claims, there is no requirement to prove an employer’s negligence as the cause of the workplace accident. And if the worker was at fault, his or her compensation will not be decreased unless the accident was caused solely because of the worker’s drug or alcohol intoxication or from the intent to injure him or herself or another. However, employees eligible for workers’ compensation are foreclosed from filing a lawsuit for their injuries.
As such, the worker could be at fault for the accident, the employer could be at fault for the accident, or a third party could be at fault for the accident, and it does not matter when it comes to workers’ compensation claims – so long as there was an “accident.” However, it must be made clear that when a worker’s deliberate or reckless actions are responsible for causing the workplace accident, the injured worker’s workers’ compensation claim is usually denied because the incident is not a true accident.
If a worker is entitled to workers’ compensation, the employer’s insurance carrier pays the injured worker weekly cash benefits, plus medical expenses, during the period of recovery. Once the worker recovers and can return to work, the workers’ compensation benefits will usually stop being paid. If you are unable to earn the same amount of wages as you were before the accident when you do return to work, you may be entitled to a benefit to make up some of the difference between your pre-injury wages and your post-injury wages. Discuss your specific situation with an experienced New York workers’ compensation lawyer.
Nearly all employers in New York are required to provide workers’ compensation benefits to employees. But only employees, and not independent contractors, are eligible for benefits. Certain other types of worker, including volunteers and certain types of employee at nonprofit organizations, and police officers, firefighters, and sanitation workers in some cities, are also ineligible for workers’ compensation benefits. When workers who are ineligible for workers’ compensation benefits are injured on the job, sometimes their only course of action is to file a lawsuit against their employer. Regardless of whether you are covered by workers’ compensation or not, we can help you get the compensation that you deserve after your workplace injury.
We can help you determine whether you are eligible for workers’ compensation, or whether a lawsuit will be your only remedy. We can also help you seek recourse if your workers’ compensation claim is denied. Please let us advocate for you throughout the workers’ compensation benefits application process
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