Workers’ Compensation: Frequently Asked Questions
- What is workers’ compensation?
- What injuries are covered by New York’s workers’ compensation laws?
- Who is entitled to workers’ compensation?
- I have been injured at work. Do I need to file a workers’ compensation claim to get benefits?
- My employer and his insurance company want me to submit to a medical examination. Do I have to do that?
- My employer’s insurance carrier has just notified me that they plan to contest my claim. What happens next?
- I’m not happy with the decision that the Workers’ Compensation Law Judge made. What should I do?
- I filed an application for review and now I’m not satisfied with the decision by the Workers’ Compensation Board. Are there any more steps I can take?
- The Workers’ Compensation Board says I don’t need an attorney to handle my case. So why should I hire one?
- How will I pay an attorney if I hire one?
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What is workers’ compensation?
Workers’ compensation is a benefits package provided to workers who are injured or made sick as a result of their occupational duties. Workers’ compensation 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.
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What injuries are covered by New York’s workers’ compensation laws?
New York law covers accidents and injuries “arising out of and in the course of the employment.” An illness that is deemed to be an “occupational disease” is also covered by the law.
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Who is entitled to workers’ compensation?
In New York State, all full and part-time private sector workers are covered by workers’ compensation. 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. Generally, all for-profit unions in New York must provider workers’ compensation coverage. 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 workers’ compensation. 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 workers’ compensation laws.
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I have been injured at work. Do I need to file a workers’ compensation claim to get benefits?
The answer is yes. If you don’t notify your employer of your injury and file a claim in a timely manner, you risk losing payments that you’re entitled to for lost wages and medical care.
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My employer and his insurance company want me to submit to a medical examination. Do I have to do that?
The answer is yes. The employer or his insurance carrier can require that you be examined by a qualified doctor—and if you refuse, it could have a negative effect on your workers’ compensation claim.
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My employer’s insurance carrier has just notified me that they plan to contest my claim. What happens next?
There are deadlines that the insurance carrier must meet when contesting a claim. The carrier must file a notice with the Workers’ Compensation Board within 18 days after the disability begins or within 10 days after learning about the accident. The carrier must also state why it is not playing the claim. A Workers’ Compensation Law Judge will resolve the dispute at a prehearing conference or a hearing.
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I’m not happy with the decision that the Workers’ Compensation Law Judge made. What should I do?
You can file a written application with the Workers’ Compensation Board to have the judge’s decision reviewed. You must file the application within 30 days of filing of the notice of the judge’s decision, and you must state why you disagree with that ruling.
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I filed an application for review and now I’m not satisfied with the decision by the Workers’ Compensation Board. Are there any more steps I can take?
Yes, you can take your case to another court. You have the right to appeal to the Appellate Division, Third Department. You must appeal within 30 days after the unfavorable decision has been served on the parties.
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The Workers’ Compensation Board says I don’t need an attorney to handle my case. So why should I hire one?
The law judges that hear workers’ compensation cases are allowed to assist workers who don’t have their own attorneys. However, an attorney can prove invaluable in many instances. For example, the employer’s insurance carrier may attempt to contest the claim, or the claim may be especially complex, making an award of benefits less likely without the aid of a lawyer. The New York lawyers of Schwartzapfel Lawyers, P.C. have extensive experience with workers’ compensation cases—we can help you make the best possible case for the workers’ compensation benefits that you are entitled to. Please call us at (800) 411-0520 or fill out our online contact form for a free case evaluation. We will fight for you!
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How will I pay an attorney if I hire one?
You don’t pay the attorney directly. Attorney’s fees are deducted from the benefits you’re awarded.
If you’re injured on the job or develop an occupational disease, you and your family will need the full range of benefits that are available—especially if you’ve lost some or all of your wage-earning ability. Choosing the New York lawyers of Schwartzapfel Lawyers, P.C. may be the best decision you’ll make to secure your future. Our New York lawyers have extensive experience with workers’ compensation cases. Please call us at (800) 411-0520 or fill out our online contact form for a free case evaluation. We will fight for you!
