- Accident and Injury Law
- Workers Compensation Lawyers
- NJ NY and PA Workers Compensation Law
- New York Workers' Compensation Law
New York workers’ compensation insurance allows cash benefits and medical treatment for workers who become injured or ill as a result of their job. Companies pay for workers’ compensation insurance and do not require employees to contribute to the cost. Cash benefits and medical treatment are paid weekly by the insurer, as directed by the Workers’ Compensation Board. The Board is a New York state agency that processes workers’ compensation claims. If the Board needs to be involved, it will decide whether benefits should be offered and the amount of the compensation to be awarded.
New York workers’ compensation law does not require one party to be at fault. The amount of benefits the injured worker receives is not decreased by their carelessness, nor increased by the employer’s negligence. However, an employee will not receive workers' compensation benefits if their injury results from intoxication or from the intent to hurt themselves or another worker.
A claim is paid if the employer or insurance company agrees that the injury was a work-related injury. If the employer and insurer dispute the claim, a judge will hear the case and make a decision. During this time period, no cash benefits will be provided to the injured worker. However, the employee may be able to collect workers' compensation disability benefits. These payments will be deducted from future workers’ compensation awards.
If the employee can return to work but cannot earn the same wages they once did, they may be entitled to workers' compensation that will make up two-thirds of the difference.
What to do if you are Injured at Work in New York
If you are injured on the job in New York, obtain medical treatment immediately. The doctor or medical facility providing the treatment must be authorized by the Workers’ Compensation Board, unless an emergency exists. Injured employees can find out more about locating authorized providers by calling 1-800-781-2362.
Injured workers should also notify their employer of the work accident immediately. If the employee fails to provide notice, in writing, to their employer within 30 days of the accident, he or she may lose their right to collect workers’ compensation. In the case of occupational illness, the employee must notify their employer within two years after disablement or within two years after the worker knew or should have realized that the illness was work-related, whichever is later. Lastly, the worker must file a Form C-3 claim for workers’ compensation and send it the nearest Workers’ Compensation Board. If the claim is not filed within two years of the work accident or disablement from a work-related illness, you may lose you right to collect workers’ compensation.
If you are injured at work in New York, you should also consider consulting a workers’ compensation attorney. A New York workers’ compensation lawyer can ensure your rights are protected by helping you with every step of your claim.