New York is a Workers’ compensation state, which is an insurance that provides financial benefits and/or medical care for workers that are injured as a direct result of their job. The employer’s pay for this insurance, and a result, a worker that is injured on the job is not able to sue the employer in a workers compensation case. No one party is determined to be at fault in these legal cases.
The unique thing about a workers compensation case is that the amount of workers compensation benefits the recipient receives is not affected by how the accident occurred, regardless of fault or carelessness. The one exception to this being that a worker is not eligible for a workers compensation reward if the injury was the result of drugs or alcohol, or from malicious intent. Other than that, the claim is paid if the employer or insurance carrier agrees that the injury, or illness, was the direct work related injury.
If you have been accidentally injured or caused to become ill in the course of your employment, and require medical treatment, and/or loss wages as a result of the work related you may be eligible to receive workers’ compensation benefits from the New York State Insurance Fund (NYSIF).
Who Is Covered?
In order to be covered by workers’ compensation, you must be an employee, in the course of employment and accidentally injured while doing your job. Employees include most individuals who provide services to for-profit businesses and/or employers.
There are numerous factors which play a part in whether an individual is considered, including but not limited to the employers’ right to control, the character of the performed work, the method of payment. If you have questioned regarding whether or not you are considered an "employee" under the Workers’ Compensation Law, contact and experienced attorney.
What the type of injuries that are covered under Workers Compensation?
Examples of such injuries include:
a. Construction workers who get struck by falling debris;
b. Carpenters who sustain serious lacerations from tools
c. Painters suffers from lead paint based injuries
d. Handyman who falls off of a ladder while repairing a light fixture
If you have questioned regarding whether or not an injury which you sustained during your course of employ under the Workers’ Compensation Law, contact and experienced attorney.
What Should I Do If I Have Been Injured at Work?
If you are injured during the course of your employment, you should immediately notify your supervisor and your employer of your injury. Explain to your employer how and when you were injured.
You should filed a Form C-3, which is the Employee’s Claim for Compensation." That form can be found here. A Form C-3 is important because it allows for the employee to document how the injury occurred without relying on their employer.
Additionally, workers compensation protects a worker when they can return to work but their injury prevents them from earning the same wages they once were. In this instance, workers compensation will grant the worker up to two-thirds of the difference between the two wages.
Filing a workers compensation claim can be a confusing and time consuming process. We assist injured workers navigate the application process and ensure they receive their benefits timely. While we do our best to resolve workers compensation matters as quickly and efficiently as possible, we prepare each matter as if we’ll need to go to trial. Allow our skilled New York Personal Injury attorneys assist you today on our workers compensation free consultation form.