Workers' Compensation in New York
New York workers' compensation (commonly known as work compensation, workman's comp, and workers' comp) gives workers who were injured, became ill because of their jobs, or died from injuries connected to their employment. Employers are required to carry workman's compensation insurance for their employees. Independent contractors do not count as employees for purposes of New York Workers' Compensation Law. Employment-connected accident claims must be filed with the New York State Workers' Compensation Board.
There are several workers' comp problems that necessitate legal assistance. These problems include the dispute or denial of your workers' compensation claim, complications that may arise if your injury is long lasting, permanent, or severe, and/or if your injury is the result of a defective product or piece of equipment for which the manufacturer may be responsible. In addition, if there was a third party involved in your accident, injury, or illness, you should discuss your case with a New York workman's compensation attorney.
Illnesses and Injuries Covered Under New York Workers' Compensation Law
Accidental Physical Injuries
- In New York accidents related to work, injuries like falling, tripping, or slipping are covered by your employer's workman's comp insurance.
- If a worker was drunk or using drugs at the time of his injury, workman's compensation insurance may not cover the injury.
- The worker becomes ill because he is exposed to certain conditions at work (i.e.-asbestosis, lung damage, hearing loss). Your claim for an occupational illness must be filed either two years from when you knew you were sick as a result of conditions at your job, or two years from the date of your injury.
- Money payable to the dependents of a worker who dies from a work-connected injury or illness.
The New York Worker's Comp Claims Process
- Notify Your Boss
- Report your injury to your supervisor within 30 days of the accident causing the injury or within two years if you have an occupational illness. If you do not report your injury or illness within the specified time limits, your benefits may be delayed, or you may no longer be eligible for work compensation benefits.
- Get Medical Help Promptly
- File a claim with the New York Workers' Compensation Board: Complete and mail a Form C-3 to the office of the Workers' Compensation Board. Your claim must be filed within two years from the date of your injury or disablement from a work-related sickness, or knowledge that the illness is connected to work. If you do not file your claim within this time, you will lose lost wage benefits, permanent disability compensation, and/or medical benefits.
- Make contact with a New York Workers' Comp Attorney if you need assistance with your claim, or if your claim is denied.
Benefits Received in New York Under the Workers' Compensation Program
There are several types of work compensation benefits:
- Medical Treatment: The injured/ill worker's health care providers are paid for the worker's medical, hospital and treatment bills by the employer's workman's comp insurance.
- Wage Reimbursement: If you are injured at the workplace, your employer must pay you for your loss of wages incurred while you are at doctors' appointments and traveling to and from appointments and in hearings at the New York State Workers' Compensation Board.
- Funeral: $6,000 in funeral expenses in Metropolitan New York counties, or $5,000 in other New York counties.
- Death: An employee who dies as a result of his work-connected illness or injury is entitled to death benefits for his dependents. The quantity of death benefits depends on whether a deceased worker's dependents are totally or partially dependent on him.
- Vocational Rehabilitation: Available for disabled workers aged 16 and older to help them train after they suffered a work-related injury at their original jobs.
- Income Benefits for workers' comp in New York:
- Temporary Total Disability Benefits (TTD for short): When the worker is being treated for his injury and cannot work.
- Amount: 2/3 of the worker's average weekly wage multiplied by the worker's percentage of disability.
- Temporary Partial Disability Benefits (or TPD for short): Money given to an employee who is restricted medically from doing his old job, but who can do some work.
- Amount: The employee will be paid 2/3 of his pre-injury average weekly wage multiplied by his statutory percentage of disability from the illness or injury.
- Permanent Total Disability Benefits (PTD for short): Means that your injury or illness caused you permanent damage and that you can no longer work.
- Amount: Payments will continue indefinitely and be 2/3 of your average weekly wage.
- Permanent Partial Disability Benefits (PPD for short): The employee has improved to his maximum potential, but is still disabled and will always be disabled as a result of the injury or illness.
- Amount: Your weekly benefits will depend on your loss of earning capacity, calculated according to statute.
Why Hire A New York Workers' Comp Lawyer
A denial of your Workman's Compensation claim or a contested claim can have major effects on your life. As a result, you should strongly consider hiring a New York Workman's Comp lawyer. A lawyer who focuses on New York work compensation law can provide great assistance in coming up with a strategy for your case, familiarizing you with New York workers' comp policies and procedures, keeping filing deadlines in mind, and making sure you are aware of all your alternative options for compensation.
New York Workers' Compensation Laws
The following are work compensation laws in New York:
- Employers Subject To Workers' Compensation
- Workers' Compensation, Tit. 12, Chp. 5, Subchapter A.
- Covered Employees
- Workers' Compensation, Tit. 12, Chp.5, Subchapter A.
- Workers' Compensation, Tit 12, Chp. 5, Subchapter H.
- Claims Procedure
- Workers' Compensation, Tit. 12, Chp. 5, Subchapter A.