On-the-job injury or illness can make you entitled to compensation from your employer. Learn about New York State workers comp laws here.
A worker gets injured or ill in the line of duty about every seven seconds in America. With statistics like that, it’s not surprising that workers comp laws exist.
New York State workers comp laws are in place to protect both employees and employers. If you had an on-the-job accident, then you need to know your rights. Learn everything you need to know about our state’s workers comp laws below.
New York State Workers Comp Laws: The Basics
At its core, workers comp is a type of insurance. It works like car insurance. Your employer pays into the plan. If a worker gets injured, then the insurance company pays out benefits to the worker.
Per New York law, employers must buy workers comp insurance if they have employees. Both the employer’s and employee’s interests get protected under this agreement. As a result:
- Injured employees get benefits regardless of fault
- Employers get protection — workers can’t sue
This agreement gives inured workers compensation while protecting the employer, too.
Am I Eligible for Workers Comp?
After a work-related accident, your first question is usually — am I eligible for workers comp? Here is what you’ll need to prove to be eligible:
- You got injured or fell ill
- Your injury or illness is work related
- You notified a supervisor ASAP after the accident
- You suffered losses (medical bills, lost wages)
If eligible, then you’ll get two-thirds of your average weekly wage. In New York, there’s no limit to the total amount of workers comp you can get.
Steps to Take After a Work-Related Accident
Work accidents are very common. If you get into an accident, then there are a few specific things you need to do. Here are the steps to take:
- Inform the manager-on-duty about the accident
- Ask your employer if you need to go to a specific doctor
- Go to the emergency room or doctor specified by your employer
- Tell your doctor your injury is work-related
- Get a copy of your diagnosis
- Give your diagnosis to your employer and ask them to start a workers comp claim
The absolute worst thing you could do is continue working after your accident. You should never feel compelled to finish your shift or work through the pain. If you choose to, then you could have your workers comp claim denied.
Instead, get your injury taken care of right away. Don’t return to work if your doctor tells you not to. Your employer will fill out your claim, and you’ll get notified about your case via the mail.
Are You Ready to File a Claim?
New York State workers comp laws operate on a no-fault system. That means you’re entitled to compensation even if you caused the accident. If your employer is pushing back on your claim or you get denied, then it’s important to speak with a lawyer.
There are a lot of losses you suffer after a work injury. You shouldn’t have to pay for them out of pocket. Are you looking for more life tips to get you through 2020? Keep browsing through our blog for more of our latest content.