What to Do
Workers’ compensation is a form of insurance that provides wage replacement and medical benefits for employees. An employer provides workers’ compensation and in exchange, the employee gives up his right to sue his or her employer for negligence. Workers’ compensation includes disability insurance, compensation for economic loss reimbursement or payment of medical expenses.
Employers are held liable for their employee’s injury and must be responsible for paying these benefits. The New York State Compensation Board states that all employers must provide workers’ compensation coverage for their employees. Employees are not required to contribute to the cost of workers compensation insurance.
The Workers’ Compensation Board determines the reimbursements for cash benefits and/or medical care and the amounts payable, if you are injured in the workplace. According to the compensation board, no one party is determined to be at fault in a workers’ compensation case. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer’s fault. Some exceptions include, if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else. In some cases, injury prevents employees from earning the same wages they once did. They are now entitled to a benefit that will make up two-thirds of the difference.
Going Through the Process
The claim process begins with the victim seeking medical attention for his injuries. After obtaining the necessary medical treatment, the employee must notify the employer of their injury. The employee files a claim with the Board on Form Employee Claim (C-3). A claim must be filed within two years of the accident, or within two years after the employee knew or should have known, that the injury was related to employment.
Contact an Attorney
If you or a loved one has suffered a work-related injury, and your claim for compensation has been denied, if you received a letter that your workers comp benefits are being modified, suspended or terminated or if you are considering a lump sum payment, it is important to consult an attorney who has experience with workers compensation cases. Call the law firm of Rudolph F. X. Migliore, P.C. at (631) 543-3663 for a free case evaluation. Find out how we can help.