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What You Need to Know About Workers’ Compensation

Person filing personal injury claim with attorney

If you have been injured in a work-related accident, you may have a lot on your mind. In addition to the pain you may be in, the medical treatment you may need to undergo, and the general stress of the situation, you may very well be worried about your finances as well. After all, many Americans depend on a full paycheck to make ends meet. The thought of missing out on work, and, thus, wages, can place an unmanageable weight on an injured worker’s shoulders. That is why there is workers’ compensation. Injured workers often rely on workers’ compensation for financial support following a work-related accident. It is essential that workers understand their basic rights in a workers’ compensation claim so they will not be taken advantage of by others, such as their employers.

What You Need to Know About Workers’ Compensation

In New York, the workers’ compensation provides compensation to cover the cost of medical bills and other related costs for those workers who experience an injury or an illness associated with their jobs. For-profit, and certain non-profit, companies in New York are required to carry workers’ compensation insurance. This insurance covers those who work in New York which means that you do not necessarily have to live in New York to be eligible for coverage, but you just need to be working in the state.

To be eligible for workers’ compensation, you must inform your employer about your work-related injury or illness as soon as you are diagnosed with the illness or you receive medical treatment for your injury. Once you have notified your employer, you will need to file a claim with the New York Workers’ Compensation Board in order to be compensated from your employer’s workers’ compensation insurance policy.

To file a claim, you will need to provide detailed information and documentation regarding your injury or illness. You must also keep track and report tests and treatments you receive for your injury or illness along with their associated costs. Additionally, you will need to provide details about the circumstances surrounding your injury or illness as well as your job and the wages you receive. If you have missed work or expect to miss work because of your injury or illness, this should also be reported in your claim filing. 

Some claims must go before a New York Workers’ Compensation Board hearing. This will often occur if there is a dispute to settle regarding the claim or if the claim has been initially denied and the claimant is appealing the denial. Disputes and initial denials in workers’ compensation claims are not uncommon. This can be very stressful for claimants. Know that you have the right to appeal the denial of your claim.

If your workers’ compensation claim has been approved, then benefits will begin paying out on the 8th day you miss work or, alternatively, the first day if you are going to be out of work for more than two weeks. Benefits will be up to two-thirds of your average weekly wages. The exact amount will also depend on the extent of your disabling injury. The rationale behind the two-thirds of your average wage amount is that it will equal your take-home pay. This is because your wages are taxed, but workers’ compensation benefits are not taxed.

Personal Injury Attorney

The workers’ compensation system can be frustrating and overwhelming. You can count on Attorney Michael LoGiudice to forcefully pursue your right to receive full and fair workers’ compensation benefits in a timely manner. Contact us today.

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