Employers are responsible for ensuring their employees’ safety and maintaining secure, hazard-free work environments. However, as accidents can happen to anyone at any time, workers are entitled to legal protection if they suffer losses in the workplace.
Workers’ compensation insurance provides workers with benefits if they are injured on the job or while performing job-related duties. It can help them maintain their rights after an accident and receive the support they need while they recover.
While many workers are eligible for workers’ compensation benefits, the benefits a worker receives can vary based on the extent of their losses. This is also true for the length of time benefits can be collected.
Understanding how to calculate workers’ compensation benefits can help determine how long you can expect coverage through your claim.
The right lawyer can help you successfully file a workers’ compensation claim as well as negotiate benefits. To find a skilled lawyer who fits your needs and the needs of your case, you can contact Schwartzapfel Lawyers by calling 1-516-342-2200 or visiting us online today.
Workers’ Compensation Insurance in New York
Workers’ compensation insurance helps protect workers injured or harmed due to a workplace accident.
In New York State, almost all employers are required to carry workers’ compensation insurance and process employee claims. This is especially true for employers in high-risk industries, such as construction or utility work.
Workers can receive benefits regardless of how they sustained their injuries.
Who Can File a Workers’ Compensation Claim?
In New York State, most employees are eligible for workers’ compensation benefits following a workplace injury and can file a claim after an accident. Before filing your claim, it may be helpful to determine whether or not you may receive coverage.
If you can check off any of the following, you are likely eligible for workers’ compensation insurance:
- You are an employee of a company or organization.
- Your employer carries workers’ compensation insurance.
- Your injury was sustained during work or while performing work-related activities or tasks.
You are able to provide proof or documentation for your injuries.
Even if you are unsure about your status, never assume that you can’t file a claim for benefits. For help determining your eligibility for workers’ compensation, consult with the skilled team of Schwartzapfel Lawyers by calling 1-516-342-2200 now!
What Do Workers’ Compensation Benefits Cover?
One of the primary purposes of workers’ compensation is to provide injured workers with essential financial support after an accident. Filing a claim can help you receive the care you need while recovering from your injuries.
Different types of coverage are provided through workers’ compensation insurance.
Medical Expenses
All medical expenses related to injuries sustained in the workplace can be covered through workers’ compensation. This includes any expenses for procedures, treatments, hospital stays, appointment visits, medication, assistive devices, rehabilitation, physical therapy, and transportation.
To receive coverage for medical expenses, you will likely need to provide medical documents and bills when filing your claim.
Lost Wages
Following an injury, many workers cannot return to work or perform any of their job-related tasks. Through a workers’ compensation claim, individuals may be eligible for lost wage benefits, which is payment for missed income after an injury.
Payments for lost income are calculated by assessing how disabled or impaired a worker is after an accident. The percentage of disability or impairment is then multiplied by two-thirds of the weekly income amount they normally receive.
For example, if two-thirds of your average weekly wage (AWW) is $1,000 and you are (50) percent impaired because of your injuries, you would receive $500 in lost wage benefits a week.
Note: Payments for lost wage benefits typically begin after an injured worker misses (14) days of work.
Ongoing Treatment
Workers’ compensation benefits typically extend beyond the coverage of initial medical expenses following an accident. In this way, they can also cover ongoing treatments and care for the sustained injury as long as it occurred in the workplace or while in the performance of job-related duties.
This aspect of workers’ compensation is particularly advantageous for cases involving injuries that result in long-term health issues or that give rise to lasting complications.
Impairment or Disability
Workers who are impaired or disabled due to a workplace injury may receive additional compensation alongside other benefits. While this can come as disability benefits, it can also come as a lump sum settlement or compensation payment.
The amount an injured worker receives for their impairment or disability depends on its severity. Some injuries, such as a broken leg or arm, lead to temporary impairments that only impact them until they are healed. Other injuries, such as brain or spinal cord injuries, can lead to long-term or permanent disabilities.
Funeral Costs
Serious accidents can lead to fatalities in the workplace. If a worker is killed in a workplace accident, their family may receive coverage for funeral costs through workers’ compensation insurance. They may also receive compensation for their loss and financial coverage if the deceased worker was the primary provider for their family.
Limitations
Workers’ compensation benefits can greatly support injured workers while they recover. However, workers’ compensation does not account for all the types of damages an individual can suffer in an accident.
You may receive limited compensation for your injuries and be unable to claim other damages, such as physical or mental pain and suffering.
While you do not have to prove you were not liable for an accident to receive benefits in most cases, you may want to file a claim outside of workers’ compensation if you believe your employer was at fault for an accident.
The right lawyer can help you determine the best type of case or claim to file, depending on your situation. You can speak to one of the seasoned lawyers at Schwartzapfel Lawyers now when you call 1-516-342-2200 today. Alternatively, you can schedule your free consultation when you visit us online now!
How to File a Workers’ Compensation Claim
Regardless of the extent of your injuries, you cannot receive workers’ compensation if you do not file a claim for benefits. You should take certain steps to ensure you file your claim correctly and receive all the money and benefits you are entitled to.
Seek Medical Attention
The first thing you should do after an accident is to seek medical attention for your injuries. To avoid health complications and ensure your injuries are taken care of, you will likely need to be reviewed by a doctor or medical professional.
Workers’ compensation insurance is only available for people who sustain a workplace injury. You cannot file a workers’ compensation claim if you cannot provide medical documentation for an injury or do not have proof that you sustained any injuries after a workplace accident.
Inform Your Employer
You should inform your employer of any work-related injuries sustained within (30) days of the accident in question. You should do this via email or written notice to keep a record of your correspondence with them.
Informing your employer of an accident can help them secure the work site and prevent other workers from getting hurt similarly. Once they know what happened, they can also begin the workers’ compensation insurance process on their end. Moreover, not informing your employer within (30) days of an accident can lead to problems processing your claim and may even disqualify you from receiving benefits.
Gather Information
To ensure you receive the maximum benefits you are entitled to, you should have all the information you need before filing a claim. When filing your claim, you will likely need to provide:
- Medical documentation for your injuries.
- Medical bills or documentation of medical expenses.
- Information about your workplace, job title, and tasks.
- Wage and income information.
- Reports and statements on how the accident occurred.
You may be asked to provide supplementary information throughout the process of your claim, so you may want to keep a record of all documents related to your injury or the accident.
Hire the Right Lawyer
Before you file your claim, you may want to consider hiring a workers’ compensation lawyer. The right lawyer can help you gather all the information you need to file your claim and ensure you receive the maximum benefits you are entitled to throughout your recovery period.
To find the right lawyer for your case today, call Schwartzapfel Lawyers today at 1-516-342-2200 or visit us online. It will be our honor and privilege to fight for you every step of the way.
Submit Forms
Once you have everything you need, you can file a claim by completing and submitting the applicable workers’ compensation form. Claim applications can be found online through the New York State Workers’ Compensation Board website.
Make sure you file your claim within two (2) years, which is the statute of limitations for workers’ compensation claims in New York. It is always best to file your claim as soon as possible so you can start receiving benefits when you most need them.
A member of our seasoned legal team at Schwartzapfel Lawyerscan help you get started. For any questions about the claims process, give us a call at 1-516-342-2200. No matter your situation, we will endeavor to assist you as best we can, however we can, day or night.
Length of Coverage Under Workers’ Compensation
The duration of workers’ compensation entitlement is determined by the length of time a worker is affected by their injuries and the severity of their impairments or disabilities.
In certain cases, individuals may be unable to sustain themselves financially following a workplace injury, leading to the provision of extended or long-term benefits.
To this end, long-term benefits may come in the form of financial support and/or comprehensive medical coverage.
Lost Wage Benefits
Lost wage benefits are awarded to workers whose injuries prevent them from returning to work or performing job-related tasks.
Workers are eligible for lost wage benefits once they have missed (14) work days due to an injury. Afterward, they can continue to receive benefits for anywhere between (225) and (525) weeks, depending on how disabled or impaired they are.
For example, someone who is between (16) to (30) percent disabled can receive lost wage benefits for (250) weeks, while someone who is (95) percent disabled can receive benefits for (500) weeks.
Individuals who are permanently disabled and unable to perform any type of work may be eligible for life-long lost wages and disability benefits under workers’ compensation insurance.
Ongoing Treatment and Care
Under workers’ compensation insurance, injured employees can receive ongoing medical coverage for injuries sustained in the workplace.
In point of fact, according to the New York State Workers’ Compensation Board, medical coverage for a workplace injury is a lifetime benefit through workers’ compensation insurance. This means that, provided injured workers require medical treatment for their injuries, they are covered through their claims.
Note: While the duration of workers’ compensation benefits can vary, it is possible for individuals to receive benefits for the entirety of their life.
Contact Us Today
For a better idea of what benefits you may receive through your claim or how long you can expect to receive benefits, we suggest you speak with a qualified lawyer right away.
Here, the seasoned workers’ compensation lawyers at Schwartzapfel Lawyersare equipped with all the tools needed to make the best of your claim so that you receive the best possible care without compromise.
To speak with one of our highly trained workers’ comp attorneys at no charge, call 1-516-342-2200 now or visit us online today!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You™™
How Much Are Workers’ Compensation Benefits in New York? | Nolo Legal Encyclopedia
Lost Wage Benefits | New York State Workers’ Compensation Board
Workers’ Compensation Understanding the Claims Process | New York State Workers’ Compensation Board
Workers’ Comp – Workers’ Compensation Benefits | New York City Bar
Injured Workers: Get Better – and Get Back | New York State Workers’ Compensation Board
