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What Is Workers’ Compensation And How Does It Work In New York?
Workers’ compensation, is a type of insurance paid for entirely by employers, it helps those who are injured on the job, or suffer a work-related illness, pay for medical costs and a percentage of their lost income relating to their injury or illness.
If you’ve been injured or have become ill as a direct result of your job you may be eligible for cash benefits and/or medical care through workers’ compensation. Understanding what workers’ compensation is and how it works can help you maintain the financial stability you and your family need and deserve. A lot is at stake, call Terry Katz & Associates to talk to a Long Island workers’ compensation lawyer that workers know and trust.
After an accident at work, many people ask, “How does workers’ compensation work?” The answer is that the workers’ compensation program is a type of insurance, paid for by employers, that provides cash and/or medical benefits to work related injuries and individuals diagnosed with a work-related illness. One key factor that you may not know is, that you don’t have to miss time from work to be eligible for workers’ compensation benefits.
Workers can get workers’ comp benefits no matter who was at fault. The number of benefits are not reduced if a worker’s carelessness contributed to the accident, and benefits are not increased if the employer created unsafe conditions. However, in the event that an injury results solely from the employee being intoxicated from alcohol or drugs, or from the intent to injure him/herself or someone else, the workers’ compensation benefit may be lost.
Am I Eligible For Workers’ Compensation In New York?
In New York, most work injuries that occur during the course of work are covered under workers’ compensation law. In addition, workers who suffer an occupational illness (such as hearing loss, asthma or an infectious disease) are also covered under workers’ comp.
To qualify for workers’ comp, you must meet basic eligibility requirements:
- You must be an employee
- You must have a work related injury or illness
- You must meet New York’s deadlines for reporting the injury and filing a claim
Accidents that cause injuries can occur in any type of work environment, including offices, factories, construction sites, hospitals, warehouses, mines, and docks. Common causes of injuries are falls, equipment failures, and accidents involving chemicals, machinery, scaffolding, and vehicles. However, any type of accident in any work setting may make you eligible for workers’ compensation benefits if you have been injured on the job.
Deadlines For Reporting Injury Or Illness In New York
After a work injury, it is critical to seek immediate and necessary medical care. Following proper treatment, it is important to be aware of the deadlines you must meet in order for your claim to be approved. While a few exceptions exist, most individuals that fail to meet the state’s reporting and/or filing requirements will be ineligible to receive workers’ comp benefits.
Deadline For Notifying Your Employer Of Injury
To receive workers’ comp benefits, an injured worker must obtain necessary medical treatment and notify their employer of the injury within 30 days. Any injured employee who fails to inform his or her employer/supervisor about the injury, in writing or verbal, within 30 days after the date of the accident causing the injury, may lose the right to claim workers’ compensation benefits if you were injured on the job.
Deadline For Reporting Occupational Disease/Illness
Workers diagnosed with an occupational disease must notify their employer within two years after disablement, or within two years after they knew, or “should have known,” that the disease was work-related (whichever is later).
Deadline For Reporting Occupational Hearing Loss
A notable exception to the above reporting time limits applies to workers who have suffered hearing loss. Since loss of hearing is not always immediately noticeable, individuals have up to 90 days after being away from the harmful noise or from leaving the company to report hearing damage. Often, a worker can be unaware they’ve even experienced hearing loss. In this situation, a worker may have 90 days from the day they discovered their disability.
How Does Workers’ Compensation Work? Call For A Free Consultation
Employers and insurance companies often try to limit their liability or even deny a valid workers’ compensation claim. Don’t leave your financial future to chance. To learn more about workers’ compensation or how it works, contact Terry Katz and Associates a workers’ comp lawyer in NYC trusted by workers for over thirty years.
Our experienced workers’ compensation lawyers know the best way to gather and present your medical evidence, file a workers’ compensation claim that has the best chances of getting approved, appear with you at hearings and fight against insurance companies and their lawyers who don’t want to pay you the benefits you deserve.
Call 888-488-7459 today or complete the form below to schedule a free lawyer consultation.
Si tú hablas español y fuiste lastimado en un accidente en tu trabado, nosotros podemos ayudarte.