Work Related Injury New York

Work-Related Injuries & Worker's Compensation Frequently Asked Questions

What should I do if I get injured on the job?
Seek emergency medical attention if needed. Immediately report your injury to your employer. An injured worker must report any accident to their employer or any employee of the employer who is in a supervisory capacity (foreman, superintendent, company nurse, etc.). Notification must be done within a set amount of time as set by state law. Most states require that this be done within two to 30 days following an injury. If an injury occurs over time (for example, a breathing problem or carpel tunnel syndrome), you must report your condition soon after you discover and realize that it is caused by your work. Your employer will provide you with a claim form on which you must describe your injury and how, when, and where it occurred. Make sure you save copies of all correspondence with your employer, its insurance carrier and your doctor concerning your workers' comp claim.

What is Workers' Compensation?
Workers' Compensation is insurance that by law your employer is required to carry in case an employee is injured on the job, becomes ill due to circumstances surrounding their job or even if death results from their job. Benefits include medical expenses, lost wages, vocational rehabilitation, and death benefits.

Workers' comp exists both as a way to benefit injured workers and as a way to protect employers. Before workers' comp laws existed, serious injury to an employee could bankrupt an employer due to the employee being able to sue their employer. Workers' compensation is a no-fault insurance system. Negligence on the part of workers or employers is not an issue in paying benefits.

Who is responsible for providing the benefits under the Workers' Compensation Act?
By law the employer is responsible for providing Workers' Compensation Insurance. In some instances the employer provides benefits directly by being self-insured otherwise the employer provides the benefit indirectly through a Workers' Compensation insurance company. A worker cannot be charged for benefits provided or any portion of their employer's Workers' Compensation insurance premium. Texas is the only state that still allows private employers to choose whether or not to maintain workers' compensation insurance.

What injuries are covered by the Act?
Any worker who has sustained an injury arising out of and in the course of their employment has a potential Workers' Compensation claim. As long as your injury is job-related, it's covered. Under workers' compensation law, you will receive help if you are injured no matter who was at fault. You are covered if you are injured while traveling on business, doing a work-related errand or even attending a required business-related social function. Any injury or illness that occurs due to employment is considered a workers' compensation injury. Your injury does not need to be caused by a specific accident such as a fall. Many workers receive compensation for repetitive trauma injuries such as back problems that are caused by overuse or misuse over a long period of time in the performance of their normal work activity. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions such as lung disease. Due to the fact that symptoms with these types of injuries reveal themselves over a period of time, the worker might not associate the eventual diagnosis of the injury as being work-related. Some types of workers' compensation injuries are: broken/fractured bones, back problems/pain, knee problems/injuries, grip loss, heart attacks, hypertension, wrist injuries including carpal tunnel syndrome, burns, shoulder pain, neck pain, headaches, etc. You may be entitled to benefits even if you are still working.

Is workers' compensation the same as State Disability?
Workers' compensation is only for injuries or illnesses that occur due to employment. State Disability is for injuries or illnesses that are not work related. You can file a State Disability claim, but you cannot be paid both workers' compensation and State Disability for the same period of time unless under certain circumstances your workers' compensation temporary disability rate is less than State Disability, then you may be paid the difference. If your employer's insurance company denies or delays payment, you may be able to receive State Disability temporarily.

Can I lose my job because of a workers' compensation injury?
Laws prohibit your employer from discharging or discriminating against you because of your workers' compensation injury. If it is proven that an employer fires or forces to resign any injured worker in retaliation for filing a Workers' Compensation claim, the worker could file a civil lawsuit against his employer seeking damages in court.

If I receive workers' compensation, can I also sue my employer in court?
Generally, no. In exchange for giving up the right to sue an employer in court, you get Workers' Compensation benefits no matter who was at fault. Before there was a Workers' Compensation system, if you went to court, you stood to recover a large amount of money, but only if you could prove the injury was caused by your employer. You may be able to sue in court if your injury was caused by someone other than your employer such as a visitor or outside contractor or if it was caused by a defective

What workers' compensation benefits am I entitled to?
You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

If you become temporarily unable to work, you'll generally receive two-thirds of your average wage up to a fixed ceiling. But because these payments are tax-free, if you received decent wages prior to your injury, you'll fare reasonably well in most states. You will be eligible for these wage-loss replacement benefits as soon as you've lost a set amount of work because of an injury or illness that is covered by workers' compensation as set by state law.

If you become permanently unable to do the work you were doing prior to the injury, or unable to do any work at all, you may be eligible to receive long-term or lump-sum benefits. The amount of the payment you may be entitled to receive varies greatly with the nature and extent of your injuries. If you anticipate a permanent work disability, contact your local Workers' Compensation office as soon as possible; these benefits are rather complex and may take a while to process.

What are temporary disability payments?
If you are unable to work for more than a set waiting period, you will get paid part of your lost wages. The "waiting period" will be paid if your unable to work for more than a certain number of calendar days set by state law or are hospitalized as an in-patient. The amount of Temporary Disability is generally two-thirds of your average weekly wages. You will receive these temporary disability payments during the time you qualify for the benefit. This compensation stops when the treating doctor releases you for work or says that your injury has reached a point of maximum improvement.

What are permanent disability payments?
Permanent disability is additional money that is paid to compensate you for any permanent disability you may suffer from an illness or injury due to your job. The amount you will receive depends on the extent of your disability. Workers' Compensation laws provide guidelines to determine the amount of this compensation. Your age and job at the time of your injury or illness are also factors that are considered when calculating permanent disability.

What medical benefits does the Act provide to a worker after they have sustained an on-the-job injury?
An injured worker is entitled to receive 100% of all necessary and reasonable medical expenses incurred as a result of a job-related accident. These include first aid, emergency room services, inpatient and/or outpatient hospital care, doctor's fees, prescriptions and other related expenses.

Should an injured worker apply for unemployment benefits?
In applying for unemployment benefits during the period a worker is off work due to an on-the-job injury, the worker must state in writing that they are willing and able to work. The Workers' Compensation insurance company could argue that the injured worker's statement to unemployment is contrary to their claim that they are unable to work.

Recent court decisions have recognized the financial difficulties facing an injured worker who is not receiving Temporary Disability benefits under the Act and have ruled that a worker who has applied for unemployment benefits, in certain circumstances, is not barred from claiming they are entitled to Temporary Disability benefits. It is advisable that an injured worker discusses the circumstances of their accident with a Workers' Compensation attorney before attempting to apply for unemployment benefits.

If I am unable to return to the type of work I did before I was injured, what happens?
If your employer has employment available to you within your medical restrictions and you decline, your employer may request a modification or termination of your benefits. If you do return to work and wages are less than what you earned before the injury, you may be entitled to partial disability. Wage benefits in most states usually will equal approximately 2/3 of the difference between your current earnings and what you earned before your injury, not exceeding the maximum compensation rate for the year you were injured.

If you're unable to return to your job due to a workers' compensation injury, you may qualify for vocational rehabilitation benefits. Your rehabilitation plan may be as simple as modifying your current job to accommodate any limitations you have suffered or may involve training for a new job.

My employer has denied my claim, what do I do?
If you, your employer, or your employer's workers' compensation insurance company have a dispute or disagreement about your claim. You should try to resolve the dispute among yourselves, if possible. Many times, disputes can be cleared up quickly and easily by communication. Commission staff can help you try to resolve a dispute informally. If the dispute cannot be resolved informally, you may be required to attend one or more dispute resolution proceedings. If an injured worker, under active medical treatment and off work under their doctor's instructions, is not receiving their benefits, they have they may have right to a hearing. At this hearing, the worker would have the opportunity to present medical evidence and witnesses in support of their claim for Workers' Compensation benefits. Workers' Compensation hearings can be complex. The insurance company will have an experienced attorney will be defending the claim and it is advisable that the injured worker retain a Workers' Compensation attorney.

When is a Workers' Compensation claim considered settled and permanently closed?
A Workers' Compensation claim is considered settled only after settlement contracts are prepared and signed by the appropriate parties and approved by the state Workers' Compensation Commission. The worker's claim is closed and they are no longer entitled to Workers' Compensation benefits for their injuries. In the event of a subsequent accident, the worker would need to file a new claim for Workers' Compensation benefits. If an injured worker has received various Workers' Compensation benefits from his employer but never signed Lump Sum Settlement contracts, he may still have a viable Workers' Compensation claim if the Statute of Limitations has not expired.

Our law firm concentrates on serving injured workers throughout New York. We have offices in 6 convenient locations to provide help to people through the New York area including White Plains, Bronx, Mahopac, Carmel, New Windsor, and Albany. If you are in need of representation or have any questions, please contact us.

Work Related Injury New York

Work Related Injuries New York

Work-Related Injuries & Worker's Compensation Frequently Asked Questions