Handling Workers’ Compensation Claims Throughout NY
If you have been accidentally injured or became ill in the course of your employment to the point that you required medical treatment and/or lost wages as a result, you may be eligible to receive workers’ compensation benefits from the New York State Insurance Fund (NYSIF).
Workers’ Compensation is an insurance that provides financial benefits and/or medical care for workers who are injured as a direct result of their job. The employer pays for this insurance and, as a result, an injured employee is not able to sue their employer in a workers’ compensation case. No single party is determined to be at fault in these legal cases.
The unique thing about a workers’ compensation case is that the amount of benefits the recipient receives is not affected by how the accident occurred, regardless of fault or carelessness. The one exception: a worker is not eligible for a workers’ compensation reward if the injury was the result of drugs, alcohol, or malicious intent. Other than that, the claim is paid if the employer or insurance carrier agrees that the injury or illness was directly caused by conditions on the job.
If you are severely injured in your workplace because safety standards are not met, you could be eligible for significant compensation for your damages, either through workers’ compensation or other avenues.
Who is Covered?
In order to be covered by workers’ compensation, you must be an employee 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 an employee, including, but not limited to, the employer’s right to control, the character of the performed work, and the method of payment. If you have questions regarding whether or not you are considered an “employee” under the Workers’ Compensation Law, contact one of our experienced attorneys.
What Types of Injuries Are Covered
Under Workers’ Compensation?
Examples of covered injuries include:
- Construction workers who get struck by falling debris
- Carpenters who sustain serious lacerations from tools
- Painters who suffer from lead paint based injuries
- Handymen who sustain ladder falls while doing repairs
If you have questions about whether your work-related injury falls under the Workers’ Compensation Law, contact one of our experienced New York Personal Injury Lawyers.
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.
Then file a Form C-3, which is the Employee’s Claim for Compensation. 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 an employee when they are able to return to work but their injury prevents them from earning the same wages as before. 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 in navigating the application process and ensure they receive their benefits in a timely manner. 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 workers’ comp attorneys to assist you today. Contact us for a FREE case evaluation.
Accomplished Representation in New York
Workers’ Compensation Claims
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.