Workers Compensation in New York, NY

You aren’t alone if you ask “How does workers comp work?” Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by New York state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of New York, New York workers’ compensation insurance and how the process works.

Workers Compensation Statistics in New York, New York?

Metro Health lists the most common work-related injuries in New York City as overexertion, auto and transportation accidents, workplace violence, and repetitive motion injuries. There are over 10 million people working on 12 miles of island. Add to this a constant traffic flow and a fast-paced environment, and you have a perfect recipe for work related auto accidents. If you have been injured in a work-related auto accident, regardless of being in a car, on a bike, or on foot, you are entitled to workers’ compensation In New York.

How Does Workers Comp Work in New York, New York?

Unfortunately, going through the process of applying for workers’ compensation begins with getting sick or injured on the job. The circumstances surrounding the incident that led to your problems are especially crucial. For example, the injury had to occur during your regular work duties. While an event that happens during your lunch break wouldn’t apply, getting into a car accident while running an errand for your boss would qualify for a claim. 

New York City Business states that all businesses in New York must carry workers’ compensation insurance. The few exemptions from this law are sole proprietors, subcontractors, unpaid volunteers, and part-time employees. Benefits in New York include medical costs, lost wages, and disability payments. Mental health benefits are also available, if the employee can show that they faced a greater amount of stress than other employees.

For example, say your supervisor asked you to drop something off on your lunch break. While running this errand you then get in a car accident on your way to the destination. Any resulting injury is eligible for workers’ compensation. However, if you are on your lunch break, performing no such task when you get in an accident, it does not qualify for a claim.

The steps you take immediately following a workplace incident in New York, New York are critical for purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.

Get Medical Attention

After you get injured or feel ill, the first step is to see a doctor. Don’t delay seeking help from a New York, New York healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process. Having a proper medical report detailing the extent of the damage and how it occured is the first step in the process. Your employer cannot file a claim with their insurance carrier without this information.

When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months before a doctor finally associates your illness with your job. Your doctor may make the determination that the illness is either the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.

File a First Report of Injury

The first report of an on the job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received and the facilities that provided it. It’s always a good idea to bring a copy of the doctor’s report to submit with the report of injury.

The Workers’ Compensation Board of New York states how to proceed if you have incurred an injury at work. First, you must report your injury to your employer immediately. Time is of the essence. It allows you to establish that you were injured at work, and becomes instrumental in your case should a dispute arise. After you report your injury, you should seek medical care. Immediately if possible. This will reduce costs and recovery time. After you get medical treatment, you should ask for 2 copies of the physician’s report. Keep 1 copy for yourself, and give the other to your employer.

Timeline and Other Information

By law, insurers or claims administrators must report an injury claim to the New York State Workers’ Compensation Board within 18 of the injury. Or within 10 days of being notified by the employer, whichever is longer. There is a mandatory waiting period of 7 days before you receive your first benefit payment. After that, benefits will arrive on a bi-weekly basis.

Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point. Typically about the incident and to any possible witnesses to the event. In the meantime, the workers’ comp insurer may begin paying medical benefits while the investigation into your claim continues.

Why You Should Hire a New York, New York Workers’ Compensation Lawyer

While workers’ compensation claims may be straightforward for some cases in New York, New York, in others, it may be more difficult. Your employer might ask if you suffer an injury on the clock or your own time. It’s also common for a company to question the full extent of your injury. Hiring a New York, New York workers’ comp lawyer ensures that you have an advocate to fight for your rights as a victim.

Work With an Experienced Local Lawyer In New York, New York

If you are hurt or contract an illness as a result of your job in New York, New York you need to find the right people to help. Since the workers’ compensation claims process can have pitfalls, you should consider getting a local attorney who knows how to avoid them. 

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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