If you’ve been accidentally injured or become ill due to your employment, requiring medical treatment and/or resulting in lost wages, you may be eligible for workers’ compensation benefits from the New York State Insurance Fund (NYSIF). Workers’ Compensation is an insurance program that provides financial benefits and medical care for workers injured as a direct result of their job. Employers pay for this insurance, and as a result, injured employees cannot sue their employer in a workers’ compensation case. No single party is deemed at fault in these cases.
One interesting thing to know about workers’ compensation cases is that the benefits are in no way influenced by how the accident occurred, regardless of fault or negligence. The exception is if the injury resulted from drugs, alcohol, or malicious intent. Otherwise, the claim is paid if the employer or insurance carrier agrees that the injury or illness was directly caused by job conditions. If you’re severely injured at work due to unmet safety standards, you may be eligible for significant compensation through
workers’ compensation or other avenues.
To be covered by workers’ compensation, you must be an employee and accidentally injured while performing your job. Employees include most individuals providing services to for-profit businesses and/or employers. Various factors determine whether someone is considered an employee, including the employer’s right to control, the nature of the work, and the method of payment. If you have questions about your status under the Workers’ Compensation Law, contact one of our experienced attorneys.
Examples of covered injuries include:
- Construction workers struck by falling debris
- Carpenters sustaining serious lacerations from tools
- Painters suffering from lead paint-related injuries
- Handymen injured in ladder falls during repairs
If you have questions about whether your work-related injury is covered under the Workers’ Compensation Law, contact one of our experienced New York personal injury lawyers.
If you’re injured during your employment, immediately notify your supervisor and employer, explaining how and when the injury occurred. Then, file a Form C-3, the Employee’s Claim for Compensation, which allows you to document the injury without relying on your employer. Click here to access the Form C-3.
Workers’ compensation also protects employees who can return to work but whose injuries prevent them from earning the same wages as before. In such cases, workers’ compensation provides up to two-thirds of the difference between the two wages.
Filing a workers’ compensation claim can be confusing and time-consuming. We assist injured workers in navigating the application process to ensure timely receipt of benefits. While we strive to resolve matters efficiently, we prepare each case as if it will go to trial.
Let our skilled New York workers’ comp attorneys help you get the benefits you’re entitled to. Contact us today for a free case evaluation.
If you or a loved one was injured in a construction accident, or if you have questions about workers’ compensation benefits, contact our New York workers’ compensation lawyers for a FREE case evaluation today.
Our attorneys have secured millions in compensation for injured construction workers.