New York Workers' Compensation Lawsuit Information

New York Workers' Compensation Laws require almost all employers to have workers' compensation coverage in the event their employees are injured in an accident while on the job. New York workers' compensation benefits are paid out the same, regardless of who is responsible for the injury or illness. In cases where employers have illegally not provided workers compensation in New York, employees can apply to the New York State Uninsured Employers Fund for benefits.

Workers' compensation insurance provides financial compensation and medical care for workers who suffer a work-related injury or illness. New York workers' compensation benefits provide compensation for time lost from work, medical expenses, and permanent injury. Employees who die while on the job or as a result of a work-related injury or illness may also be eligible for death benefits.

Employees who are filing for workers' compensation benefits in New York must notify their employer within 30 days of the accident and must provide ongoing medical evidence of their injury via medical reports. All medical bills are covered by workers' compensation directly. Workers' compensation cash benefits do not begin until after the seventh day of the injury, unless the injury extends beyond 14 days. Medical care is provided immediately upon injury.

Claimants may also be eligible for Temporary Partial Disability if they have been injured on the job and are able to continue working but must do light or restricted duty and their salary has been affected by the injury.

Under New York workers' compensation laws, employers are not liable for on-the-job injuries that were caused by their negligence. But if a worker is harmed while on the job and that injury was caused by a third party—such as a co-worker or the owner of a job site—the injured worker can file a lawsuit against that third party.

Even though workers' compensation lawsuits against an employer are not allowed in New York, injured employees may still consider hiring an attorney to help ensure they are awarded full benefits they are entitled to. Such attorneys can represent employees before the Workers' Compensation Board and make sure all required documentation is submitted by the deadlines and fully explains the claimant's situation and injuries. Attorneys cannot charge workers' compensation claimants directly. Rather, their fees may be taken from any award given by a workers' compensation law judge.

NY Workers Compensation Legal Help

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Last updated on Nov-29-16