People usually do not think about Workers’ Compensation benefits until they suffer a work-related injury. Essentially, Workers’ Compensation is a program that pays benefits to employees who have been injured on the job. Employees are entitled to receive benefits for medical expenses and lost income when they are unable to return to work. In exchange for this protection, employees agree not to sue their employers – though there are several exceptions to this rule. In order to receive workers’ compensation benefits two criteria must be met:
Your Injury Must be Work Related
If your injury or illness is work related, chances are that you are covered. If, for instance, you hurt your back lifting something at work this would be considered a work-related injury. Sometimes however, the relationship between your injury and your job may not be as clear-cut. Perhaps you were hurt on your way to work, at a company-sponsored picnic, or your injury developed over the course of time. In this situation the relationship is not as clear, although workers’ compensation benefits may still be available.
You Must be Classified as an Employee
In order to qualify for Workers’ Compensation benefits, you must be an employee of the company. It is important to note that not all workers are considered employees. One example of this is with private contractors. It is important to note that it is not uncommon for employers to intentionally classify a worker as a private contractor, even when they are actually an employee. Under New York Workers’ Compensation law, even if you are paid with a 1099 tax form, or “off the books”, you may still be considered an employee.
Schwartzapfel® Lawyers, P.C. – Serving Your Workers’ Compensation Needs
If you have suffered a work-related injury or illness, you deserve to be compensated. Contact Schwartzapfel® Lawyers, P.C. and speak to one of our New York personal injury lawyers for advice at 1-877-737-4806. You can also fill out on of our online contact forms to get started. We will provide you with valuable legal guidance and a free consultation. Let us fight for you!