New York Workers’ Compensation

New York workers’ compensation or workman’s compensation can help workers who have been injured or who become ill from work-related conditions by providing wage loss and medical benefits. New York employers are required to carry workman’s compensation insurance for most of their employees.

Workers comp law is administered by the New York State Workers’ Compensation Board whose primary mission is “to protect the rights of employees and employers by ensuring the proper delivery of benefits to those who are injured or ill and by promoting compliance with the New York workers’ compensation law”.

Workman’s compensation eliminates the need for New York workers to file personal injury claims against their employer for work injuries. Workers receive immediate medical benefits, wage loss compensation and if needed, death benefits for the workers’ surviving beneficiaries.

Workers’ compensation in New York is considered a compromise for both the employee and the employer. The employee and employer both avoid potentially lengthy legal battles, but the employee may receive less than they would have received if they had won a personal injury claim and the employer is required to purchase workers’ compensation for all of their employees.

Hiring a New York Workers’ Compensation Lawyer

Injured employees who have been injured in a workplace accident may hire a workers’ compensation or an employment lawyer at any point in the workman’s comp claim process. Many workers will not need a New York employment attorney, but hiring an employment lawyer from New York may be necessary if any of the following occur:

• A dispute or denial of the employee’s workman compensation claim
• The employee has suffered a long-lasting, severe or permanent workplace injury
• The work injury was caused by a defective product or equipment
• A third party or person is involved in the New York workplace injury

New York Workplace Injuries Covered Under Workers’ Compensation

New York workman’s compensation does not cover all workplace injuries. Workers who are injured due to intentional or self-inflicted injuries, who are intoxicated and their intoxication causes their injury or who are not performing their job duties when they are injured may not be eligible to receive benefits.

Workers’ comp insurance in New York does, however, cover most occupational illnesses and work injuries including:

• Abrasions
• Burns
• Back and neck injuries
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpal Tunnel
• Diseases caused by inhalation of chemicals or other toxins
• Bone fractures
• Hernia
• Chronic Obstructive Pulmonary Disease Cancer
• Post traumatic stress disorder (PTSD)
• Torn Rotator Cuff
• Concussion
• Asbestos exposure
• General anxiety disorder
• Accidents caused by falling, tripping or slipping

New York Workers’ Compensation Benefits

New York Work comp benefits can include medical benefits, cash benefits, and death benefits. The New York Workers’ Compensation Board processes the workman’s comp claims and pays work comp benefits to the New York employee, regardless of who was at fault for the workplace injury.
New York workers’ compensation benefits can include:

• Cash Benefits

Cash benefits are paid to injured employees who miss more than seven days of employment due to their workplace injury or occupational disease. If the worker misses more than 14 days of employment they may receive cash benefits for the first seven days of missed work.
Cash benefits are paid to employees who are partially and fully disabled. The calculated cash benefit is determined by the following formula and is subject to state maximums.
2/3 x average weekly wage x % of disability = weekly benefit

Workers who are disabled but who are able to return to some level of employment may be entitled to compensation if they are unable to make the same wages they could make prior to their workplace injury. Cash benefits may be calculated as 2/3 the difference between the wage amount prior to the work injury and after the work injury.

• Medical Benefits

Medical benefits may be paid to New York workers who suffer from a work injury. Medical benefits can include any type of medical care which is necessary and reasonable to help the employee recover from their work injury.
New York work comp laws require the treating physician to be authorized by the New York Workers’ Compensation board, except for emergency care. According to the New York Workers’ Compensation board website more information can be found by calling 1-800-781-2362.

The type of medical care that may be allowed and who is contracted to legally perform the tests is complicated. Discuss all of your necessary medical needs with your employer prior to obtaining medical services for your work injury.
Work comp laws in New York do not allow the health care provider to collect a fee from the injured employee. All medical services should be paid by the employer. In some cases, the injured employee may also be reimbursed for automobile mileage to and from a health care provider’s office.

• Death Benefits

Surviving spouses and minor children may be entitled to death benefits if a worker dies as a result of their work place injury. Death benefits can include weekly cash benefits equal to 2/3 of the deceased employee’s average weekly wage (up to the state maximum).

Funeral costs may also be provided. All the Metropolitan New York counties provide $6,000 in funeral expenses and all other counties provide $5,000.
Under certain conditions, if there is not a surviving spouse or children, the parents of the deceased or the employee’s estate may be entitled to a $50,000 payment.

• Vocational Rehabilitation Benefits

Injured New York workers may also be entitled to vocational rehabilitation benefits. Vocational rehabilitation is generally offered to injured workers who are 16 years or older and who need some type of training to help them return to their job.
All workplace injuries in New York should be reported to a supervisor within 30 days of the accident. Occupational diseases should be reported within 2 years. Failing to notify your employer of your workplace injury within the specified timeframe may cause you to lose all eligibility for lost wage compensation, medical benefits and permanent disability.

Workplace safety in New York is an issue that all of the people living and working in the state should be interested in. You spend a great deal of your time at your workplace, probably at least 8 hours a day and 40 hours a week or more. For this reason alone, workplace safety in New York is extremely important.

The workplace in New York is different from what it was in your father’s day. It used to be that a manufacturer’s moving materials or production lines were the primary focus. Most of this involved the shipping, receiving or storage area of a building. The thing that businesses depended on to produce their product was repetitive action or motion.

The workplace of today in New York goes far beyond an assembly line. The workplace of today involves the streets and highways that crisscross the United States.

This is the case in New York. Your workplace can be in a building or an office, or it can also be on the streets and highways of New York.

What constitutes a workplace in New York? How is it defined? A workplace is by definition, “a place where commerce is conducted.” Your workplace is anywhere work is done. This means a motor vehicle, as well as a stationary place like a building or an office can be your workplace.

What does workplace safety in New York refer to? It has to do with the working environment where you work. Workplace safety encompasses all of the things that deal with your health, safety and well being while you work.

Workplace safety in New York involves many things. It deals with: 

§  Unsafe working conditions or processes,

§  Drug and alcohol.

§  Workplace violence

§  Environmental hazards

Nationally, workplace safety is protected by the Occupational Safety and Health Administration (OSHA). There are three stated goals that form the cornerstone of OSHA’s regulations and policies. These goals are:

• Improve the safety and health for all workers, as evidenced by fewer hazards, reduced exposures, and fewer injuries, illnesses and fatalities
• Secure public confidence through excellence in the development and delivery of OSHA’s programs and services.
• Change workplace culture to increase employer and worker awareness of, commitment to and involvement in safety and health.

The federal guidelines of OSHA are complemented by state regulations in New York. In New York, the New York State Department of Labor complements the federal guidelines of OSHA. The Division of Safety and Health (DOSH) has the responsibility of promoting safety and health in the New York workplace. Among other responsibilities, the New York State Department of Labor develops and enforces state labor laws and health standards.

The goal of these state regulations is to promote and
provide a healthy and safe workplace environment in New York. A workplace that is free of
hazards that can lead to injury or death. 

How important is workplace safety in New York? What can be done to improve and enhance workplace safety in the state? These are all important questions regarding workplace safety in New York.

Workplace safety in New York is of paramount importance. The goal of workplace safety and health laws is to establish regulations that eliminate personal illnesses and injuries from happening in the New York workplace.

How important workplace safety in New York is can also be seen not only in the direct costs of injury and illness in the workplace, but also in the indirect costs of an injury that take into effect the sometimes immeasurable costs of lost production and efficiency on a company-wide basis. Some of these items are:

• Wages for lost time of uninjured workers

• Replacement or repair of damaged equipment or materials
• Training replacement workers
• Overtime to make up for loss of production.

Workplace safety in New York is important because your safety and comfort are needed in order for you to do your job well. If you feel anxious, unsafe, threatened or worried your production will be hurt.

Workplace safety in New York is also important because of who it affects. Not only the injured worker, but family and friends are also affected. Friends and family can be devastated by a death or debilitating injury in the workplace.

Human resource is the most important resource that an employer has. The importance of workplace safety in New York can also be seen in the loss of a worker either temporarily or permanently.

What can be done to improve and enhance workplace safety in New York in light of how important this issue is? Are there steps that can be taken? Can things by implemented and established that will promote workplace safety in New York? Some of the things that can be done are:

Safety training programs need to be set up if they are not already in place

• Safety policies and procedures should be implemented
• An ongoing study and analysis of accidents should be implemented to see where the greatest risks and likelihood of accidents are so they can be prevented.
• The formation of a safety committee will demonstrate the importance of workplace safety to your employer
• Workplace violence must be dealt with and stopped
• Safety goals need to be set up that show the importance of workplace safety

Workplace safety in New York may be much more than a passing interest to you. You or a friend or loved one may have been injured at the workplace in New York. Difficulties or problems have been encountered in dealing with the injuries and your employer.

What can you do? Where do you go for help? Who can help you?

You or your friend or loved one may need the help and services of a legal professional. You need the help of a legal professional who knows and specializes in employment law in New York. You need a workers’ compensation attorney.