After a workplace injury, a worker’s priority should be recovering rather than worrying about their finances. New York takes workplace injuries very seriously. As a result, many injured workers may qualify for certain benefits through the workers’ compensation system.
What rights are available to injured workers?
The Workers’ Compensation Law (WCL) in New York was established to accommodate both the employers and employees interests. Under this law, the workers forfeit their right to sue, in exchange for several aids, including:
- Applies to most types of employees irrespective of the size of business
- Covers many workplace injuries regardless of who is at fault
- Allows injured workers to choose doctors from authorized medical providers
- Prevents employers from asking workers to pay for insurance
- Protects workers from wrongful termination for filing or planning to file a claim
Because the state practices a no-fault process, workers can start receiving benefits even if the employers are not proven to be at fault. However, these powerful legal protections are completely dependent on an individual’s ability to meet strict state-mandated timelines.
Crucial deadlines to consider when filing a claim
New York state gives an injured worker 30 days to inform their employer of any workplace injury or accident. If an injured worker does not inform their employer within this time, their workers’ comp claim can be denied.
Injured workers generally get two years from the date of the injury to file a workers’ comp claim with the NYS Workers’ Compensation Board. Employees can file a complaint if their employer’s insurance company disputes for reasons such as the level of disability incurred, or for a decrease or termination of compensation benefits.
Most of the injury related cases are handled administratively, by the NYS Workers’ Compensation Board. Because of the WLC, workers might not be able to sue their employer, but some cases may still require legal intervention. Cases involving negligent third parties or severe injuries can be some of the grounds to seek legal help.
Protecting workers’ rights after a workplace injury
The state has a meticulous legal system to protect workers whether they are full-time, part-time or contractual. However, the workers’ compensation process can become tedious, especially in cases of insurance disputes or employer retaliation. When complexities arise, legal guidance may help injured workers understand their rights while focusing on their recovery.