If you or someone you know is hurt on the job, never feel that the injury isn’t serious enough to act on it. Here is how NY workers comp laws protect you.
Over 2.8 million people sustained a work-related injury in private industry in the United States in 2018.
Many injuries like these will require the attention of a physician and may make the sufferer eligible for workers’ compensation.
If you find yourself in this position, you may be wondering what the laws are in New York state in relation to workers’ compensation.
Read on as we take a closer look at NY workers’ comp laws.
What Is Workers’ Comp?
Workers’ comp is an insurance policy, taken out by employers, to cover workers when they are injured or become ill as a result of work.
New York state law requires most employers to carry insurance of this kind. There is generally coverage for medical bills, as well as a certain amount of lost earnings.
Workers’ comp laws generally do not require employers to keep jobs available for injured employees. However, in some cases the Family and Medical Leave Act (FMLA) will apply, requiring the employer to keep the job open.
When Am I Entitled to Workers’ Comp?
If you sustain an illness or injury that is work-related in New York state, you will be entitled to workers’ compensation.
There is no fault requirement here. That means that the amount you receive will not be lower if an incident is your fault. Equally, an employer’s irresponsibility will not increase the amount of your claim.
However, if you caused an accident while intoxicated, you will not receive compensation. Your entitlements will also be void if you deliberately hurt yourself, or were injured in an attempt to hurt someone else.
A doctor must examine you to validate your claim. Workers compensation doctors in New York are authorized by the New York State Workers’ Compensation Board to operate in this area.
How Much Is My Claim Likely to Be Worth?
Amounts awarded depend on a number of factors.
Any amount awarded for loss of earnings will depend on your usual level of income. A certain percentage of it will be granted, depending on individual circumstances.
Medical expenses in relation to most physical injuries, as well as for any continuing treatment that is required, are generally covered. It is more difficult to recover compensation for mental health issues, however.
What Happens if My Claim Is Disputed?
If your employer or their insurance company challenges your claim, a workers’ compensation court will hear the matter.
If this happens, you will have to hire an attorney to plead your case. The judge will reach a decision; if he or she finds in your favor, you should expect payment within 30 days.
How NY Workers’ Comp Laws Can Work for You
Sustaining an injury at work can be a difficult process. However, if your knowledge of NY workers’ comp laws is up to scratch, you can make your recovery a lot more financially manageable.
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