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New York Workers' Compensation
Injured on the job?
When an employee is injured in a New York work-related accident, the worker is entitled to receive workers’ compensation benefits. These benefits will reimburse the injured worker for a portion of lost wages and pay for reasonable and necessary medical care and treatment. The injured worker is entitled to these benefits regardless of who may be at fault for the accident.
A claim for workers’ compensation is time-sensitive. In New York, a claim for workers’ compensation benefits must be filed within two years from the date of the injury or disablement from an occupational disease. In the case of an occupational disease where the worker did not at first know the disease was work-related, the claim may be filed within two years after the disabled employee knew or should have known that the disease was work-related. The failure to timely file a workers’ compensation claim will forever bar the injured employee from making a claim for the on-the-job injury and she will lose all of her right to benefits.
An injured New York worker must also notify her employer in writing about the accident within 30 days after the accident, or the injured employee may lose her rights to workers’ compensation benefits. The New York State Workers’ Compensation Board advises that an employee injured in a job-related accident to notify her supervisor as soon as possible after an accident. This notice must be in writing, must describe how the accident occurred and the nature of the injury sustained, and must be made within 30 days after the date of the accident causing the injury.
To make a claim for workers’ compensation benefits with the Workers’ Compensation Board, the employee must file a form known as a “C-3” with the Board. Usually, the employee’s attorney will file the C-3 for the injured party.
Cash Benefits
Under the New York Workers’ Compensation Law, a worker or employee who sustains an injury while working or on-the-job may be entitled to certain cash benefits if he or she becomes disabled from work. The maximum weekly benefit is determined by a schedule based on the New York State Average Weekly Wage for the previous calendar year.
Cash benefits are not paid for the first seven days of the disability, unless the disability extends beyond fourteen days. The disabled worker may then receive cash benefits from the first work day off the job.
An injured worker who is totally or partially disabled and unable to work for more than seven days will receive cash benefits based on her average weekly wage for the previous year.
The Workers’ Compensation Board uses the following formula to calculate the weekly cash benefit: 2/3 x average weekly wage x % of disability = weekly benefit.
Medical Benefits
The injured or ill worker who is eligible for workers’ compensation will receive necessary medical care directly related to the original injury or illness and the recovery from his/her disability. The treating health care provider must be authorized by the Workers’ Compensation Board, except in an emergency situation.
Medical care includes:
- Medical
- Dental
- Surgical
- Optometry
- Medically necessary drugs
- Assistive devices
Except for emergency cases, the health care provider who treats you must be authorized by the Workers’ Compensation Board to treat injured workers.
Other Benefits
There are other benefits for work-related injuries or illnesses. These benefits include Supplemental Benefits, Death Benefits and Social Security benefits. It is best to discuss these options with an experienced workers’ compensation attorney to discuss your rights.
Workers' Compensation Attorneys
If you or a loved one has been hurt in a job-related accident, we understand the hardships you are forced to suffer. We know the law and how best to protect your interests. We will explain all of your rights and options to you. With our experienced New York City workers’ compensation and disability attorneys, we will ensure that you get all of the workers’ compensation benefits you are entitled to receive under the law.
We will also conduct a complete and timely investigation of the cause of the accident to determine whether a third-party was responsible. If it is determined that a third-party was at fault for the accident, i.e. a party other than the injured worker’s employer, we will seek to establish a third-party claim against the at-fault person or entity.
We fight for the rights of workers who are injured on-the-job. Personal injury law is all we do. We get results!
