Workers’ compensation is an important workplace insurance program. It is paid for by employers and can be used to cover medical treatment and other expenses that arise from a worker’s job-related injuries. Workers’ compensation can also be used to reimburse the injured for his or her lost income based on the extent of the injuries and his or her regular salary or wage rate, up to certain limits.
If you were hurt on the job and have issues pertaining to job-related injuries, income losses, or other related issues, we are here to help. The legal team at Gacovino, Lake & Associates, P.C. handles personal injury and workers’ compensation cases. We can be reached at (631) 600-0000. Our Long Island workers’ compensation lawyer can help you determine the level of benefits you may be entitled to receive and can help you file a claim if your injuries warrant one.
Workers’ Compensation Coverage
According to the New York State Workers’ Compensation Board (NYS WCB), almost all employers in the state of New York are required to provide workers’ compensation insurance to their employees. They must also post notices about their coverage in their place of business.
Anyone who works in a for-profit capacity, including part-time employees, seasonal employees, employees who are loaned, leased, or borrowed, their family members, and volunteers who work for for-profit businesses must be provided with coverage. Anyone working for local or state governments in a capacity designated as hazardous is also covered.
Most public school teachers, employees of the State of New York, domestic workers (based on hours employed), farmworkers, and anyone who is not determined to be categorically excluded from coverage is automatically assumed to be eligible for coverage.
A simple workers’ compensation benefits formula is used to determine your benefits. Your benefits are equal to two-thirds of your average weekly wage multiplied by your disability rating. This formula applies if you cannot return to work because of your injury, and your disability rating will be determined by the workers’ compensation board. If you can return to work but not in the same capacity in which you worked before, you are entitled to two-thirds of the difference between your pre- and post-injury wages.
Additional benefits include certain types of medical treatment, diagnostic testing, death benefits that are paid to surviving members of the deceased’s family, Social Security benefits, and certain supplemental benefits based on the severity of the injured worker’s injuries or disabilities. Funeral expenses are also covered and can range between $10,500 and $12,500 depending on the New York county in which you live.
Occupational illnesses are conditions that develop as a direct result of the kind of work that a worker performs. Benefits for occupational illnesses are the same as those for on-the-job injuries, and you have two years within which to file a claim, per the NYS WCB. The two-year time limit starts from when you develop or identify your work-related illness.
Types of Disability and Payment Periods
Workplace injuries and disabilities are graded on a percentage scale to determine the benefits you are entitled to receive. Injuries can be classified as temporary and total, temporary and partial, permanent and total, and permanent and partial. Based on these classifications, a worker is categorized as unable to earn a certain percentage of his or her pre-accident wages because of an injury.
Here are a few additional points you should be aware of when it comes to workers’ compensation cases in New York. For issues or questions beyond these, please contact Gacovino, Lake & Associates, P.C. at (631) 600-0000. If we believe you qualify, our Long Island workers’ compensation lawyer can help answer your questions and build a claim for the compensation you and your family deserve.
- Only disabilities causally related to an accidental injury that arose from and during employment are covered.
- If you fail to file a claim, you may lose your right to medical care and any other benefits.
- A doctor must authorize and request diagnostic tests to assess your condition if you want to include such results with your claim.
- Prescription drugs and medications are covered by the law.
- A doctor can administer care if your employer’s insurer does not authorize care without reason.
- You must make yourself available for a medical examination if requested by your employer or your employer’s insurer.
- Surviving family members can only continue to receive benefits after an injured worker’s death if the worker died as a result of his or her injuries. If someone receives benefits because of an injury but then dies due to natural causes, his or her benefits typically cease.
- For injuries that are aggravated during and as a result of your work, you can file a new claim for increased benefits.
Seeking Legal Assistance
If you need assistance with filing or pursuing a workers’ compensation claim, the legal team at Gacovino, Lake & Associates, P.C. is just a call away. Please reach out to us today at (631) 600-0000. Our Long Island workers’ compensation lawyer can gather evidence to support your claim and will help you understand the disability ratings and weekly benefit calculations that may be used to decide your case.
Workers’ compensation claims must be filed within two years of sustaining an injury or identifying an occupational illness, so do not delay and contact us today.