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How does workers’ compensation work in New York state?

On Behalf of | Nov 30, 2022 | Workers' Compensation

You go through life and are hopefully working in a job that you love and that fulfills you. If you are enjoying that level of contentment, the chances are really good that it won’t occur to you that you can possibly get injured on the job and be forced to collect workers’ compensation benefits until you are back on your feet again and working at your full capacity.

Workers’ compensation works similarly in all 50 states across the nation but there may be small differences from state to state. For the purposes of this discussion, we will be discussing New York state. By definition, workers’ compensation is a no-fault system that replaces wages and other benefits as well as lifetime medical care to cover work-related injuries and illnesses. All businesses that are for-profit as well as most non-profit businesses are required to carry workers’ compensation insurance to protect their employees.

What does workers’ compensation insurance cover?

The three main things that workers’ compensation insurance covers are:

  1. All health care that is related to your work-related injury
  2. Cash benefits of 2/3 of your average salary (per week) up to a maximum
  3. Expenses for travel to and from your medical appointments related to your injury

If your employer attempts to charge you any kind of fee related to workers’ compensation insurance, they are acting illegally. If you need to hire an attorney because of that, the attorney will be paid from your replacement wages. You are not responsible for paying the attorney directly or paying a retainer if your claim is accepted.

Are you eligible?

The following criteria make you eligible for workers’ compensation:

  • If you are an employee in a for-profit business
  • If you are an employee in a non-profit business (in most cases)
  • If you are working in New York state
  • There is no rule that says that you must be a New York state resident

If you are injured on the job, you should take the following steps:

  • Get treatment right away
  • Tell your supervisor about your injury and how it came about as soon as possible
  • Fill out a C-3 form with the Workers’ Compensation Board

Sound legal advice from a New York workers’ compensation lawyer

If you have been injured on the job and need to file for workers’ compensation benefits, the sound advice from a New York workers’ compensation lawyer may make everything much easier for you. The lawyer can help you to navigate the process and make sure that you protect your rights at the same time. Hopefully, with the right advice, you will be able to collect the compensation that you need and that you have coming to you so that you can look to a brighter future.