What is Workers’ Compensation in New York?
So what is workers compensation? If you have been injured at work or suffering from a work-related illness, Workers’ Comp in New York is a no-fault benefits program that provides financial and medical assistance for time away from work due to work-related injuries or illnesses. At Tomack Law, PLLC, we are here to assist you in walking this system to get the benefits you earned.
What Is Workers’ Comp?
Workers’ compensation, also known as Workers’ comp, or WC, refers to an insurance program funded by employers which provides for losses suffered by employees because of work injuries or illness. This program offers:
- Medical coverage for work-related injuries or illnesses.
- Compensation for lost wages.
- Protections against employer negligence lawsuits in most cases.
Because it is a no-fault program, benefits are available even if the worker partially caused the injury. In return, employees usually are not allowed to take action (sue) against their employer, instead workers’ compensation is the “exclusive remedy” in the case of workplace events.
Which Employers Must Have Workers’ Compensation Insurance?
Nearly all employers in New York are required to carry workers’ compensation insurance. Employers who fail to comply face fines, penalties, and potential lawsuits from injured workers. If an employer lacks insurance, the injured worker may have the option to sue for negligence.
Who Is Covered by Workers’ Compensation?
Workers’ compensation benefits extend to nearly all employees in New York, including:
- Full-time, part-time, and seasonal workers
- Temporary employees
- New hires, including those on their first day
- Employees who are retiring, quitting, or being terminated
- Interns, residents, and apprentices
- However, independent contractors and freelancers are not covered under an employer’s workers’ compensation policy.
Common Workers’ Compensation Benefits
Workers’ compensation provides a variety of benefits, including:
1. Lost Wages
Injured employees are entitled to up to two-thirds of their lost wages while unable to work. This is a key form of compensation under workers’ comp.
2. Medical Coverage
Workers’ compensation covers medical expenses related to the workplace injury or illness. This includes reimbursement for out-of-pocket costs and direct payments for future treatments approved by the carrier.
3. Schedule and Non-Schedule Loss of Use Awards
For injuries that result in permanent damage or disability, compensation is based on a schedule set by the Workers’ Compensation Board. For example, a physician might determine a 30% loss of use for an injured body part, which would determine the number of weeks of compensation according to the state’s guidelines.
What Happens if an Injury Is Permanent?
Workers may be eligible for the following once an injury reaches maximum medical improvement (MMI) and is deemed permanent:
- Schedule Loss of Use Awards: For injuries to specific body parts, like arms or legs, based on a percentage of impairment.
- Non-Schedule Awards: For injuries that affect wage-earning capacity, such as spinal injuries.
Need Help Navigating Workers’ Compensation in New York?
At Tomack Law, PLLC, our experienced workers’ compensation lawyers are here to answer your questions and guide you through the process. Whether you’re filing a claim, disputing a denial, or exploring your legal options, we can help you secure the benefits you’re entitled to.
Schedule a FREE consultation today. Call us at (914) 500-2060 or use our “Contact Us” form to get started. Protect your rights and get the answers you need.
