If you or someone you love has been injured or made ill on the job and have not received full Workers’ Compensation benefits, we can help. Please call us at 1.800.966.4999 or fill out the form to the right of the page for immediate attention to your case. We will fight for you!
In New York State, employers and insurance companies are required to provide compensation to workers for lost wages and medical expenses incurred from job-related injuries and illnesses. Yet New York workers on Workers’ Compensation benefits receive some of the lowest wage replacements in the nation. Why is this?
Unfortunately, the Workers’ Compensation system is difficult to navigate. As a result, many workers do not receive the full benefits to which they are entitled. This could be due to not knowing — perhaps you didn’t realize your injury or sickness was related to your occupation. Perhaps you didn’t know you were eligible for Worker Compensation, or didn’t think that your case was serious enough to merit benefits.
What Is Workers’ Compensation?
Workers’ Compensation (WC) is a benefits package provided to workers who are injured or made sick as a result of their occupational duties. WC varies from state to state, but a typical benefits package includes:
- No-fault compensation for lost wages
- Full medical coverage for treatment of the injury or illness
- In the event of death, payment of benefits to the worker’s dependents
WC laws are the result of a 1914 compromise between business leaders and labor leaders. In exchange for providing WC, businesses received:
- Protection from worker lawsuits for injury or illness
- Limits on amount of benefits paid to injured workers
- Predictable yearly insurance premiums
Who Benefits From Worker Compensation?
In New York State, all full and part time private sector workers are covered by WC laws.
You are eligible to file for Workers’ Compensation regardless of whether:
- You are full time, part time, temporary, or (in certain cases) an independent contractor;
- You are a U.S. citizen;
- Your employer is not insured for Workers’ Compensation
- Your employer has gone out of business
- Your employer says you are not eligible
New York City public sector employees such as teachers, police officers, and firefighters are covered by a separate compensation system and should consult their union representatives for advice on WC.
If you are employed by the federal government, or if you work in interstate commerce or transport (seafarers, dock and railway workers, postal employees), you are covered by federal WC laws.
Workers’ Compensation if your employer is uninsured
If your employer has not taken out WC compensation, you are still entitled to WC benefits. Special funds exist to pay your wage and medical expense compensation.
Additionally, because your employer is not paying WC insurance, you are in many cases entitled to sue for damages as well. The downside is that WC cases involving an uninsured employer take much longer to resolve. Our experienced attorneys, however, are experts an navigating the Worker Compensation system and getting your case resolved as soon as possible.
Our New York lawyers have extensive experience with Worker Compensation cases. We can help. Please call us at 1.800.966.4999 or fill out the form to the right of the page for immediate attention to your case. We will fight for you!
