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
Need legal help getting benefits for your New York workers compensation case? Simply complete our free form below to get started today!
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.