WORKERS COMPENSATION FREQUENTLY ASKED QUESTIONS
The laws concerning Workers Compensation benefits in New York can be complex and confusing. Following are some of the most common questions that that our clients ask us about Workers Compensation.
What is the purpose of Workers Compensation?
The purpose of Workers Compensation is to protect you if you are injured on the job and to help you to return to work as soon as possible after an injury or illness. In exchange for this on the job protection, you give up your right to sue your employer for negligence. The idea is to limit litigation fees for employers and to protect workers if they suffer an on the job illness or injury.
Am I automatically entitled to Workers Compensation?
New York State law provides that all employees who are injured on the job are entitled to workers compensation, regardless of what caused their injury. However, the claims process is complicated and often requires the help of an experienced NY Workers Comp lawyer to navigate. An experienced lawyer can help you prove that you were injured, disabled or contracted an illness during your employment.
Is my employer required to have Workers Comp coverage if I get hurt on the job?
Generally, all New York employers are required to have Workers Compensation coverage. This insurance covers medical care and lost time benefits. It is also mandatory and your employer may not charge you for the insurance coverage.
What should I do first if I’ve been injured on the job?
The three things you must do immediately after being injured at work are: Notify your employer of your injury; Seek medical attention for your injuries; Contact a NY workers’ compensation lawyer.
How Long Do I Have To File A Claim?
Generally, you have two years from the date of the injury or accident to file a claim. If you miss a deadline an experienced NY Workers Comp attorney may still be able to help you file a claim.
Can I be fired for filing a Workers Comp claim?
No, your employer may not fire you or discriminate against you for filing a Workers Comp claim. If you were fired or retaliated against for filing a claim you may have legal options and should consult an attorney.
Do I need a NY Worker Comp attorney?
You aren’t required to have a NY WC attorney to file a claim, however, an experienced attorney can help you navigate the complicated process and ensure you submit all required information on time. Further, an attorney can help you appeal a denied claim.
The Workers Compensation attorneys at NY Law have years of experience in helping injured workers in their workers comp claims. And while the above answers are meant to help you better understand workers compensation laws in New York, we encourage you to contact us today to discuss your specific circumstances.