New York Workers’ Compensation: Filing Claims and Understanding Benefits
New York is one of the busiest states in the world with a large number of residents going to work in the city every day. Getting hurt or sick at your job is a risk that is common to all employees, no matter the size of the business. Therefore, New York State requires employers to carry workers’ compensation coverage. Different types of New York workers’ compensation policies are available for businesses. As an employee, you should make sure that you fight for compensation if you face an injury with the support of experienced New York workers compensation claim lawyers who can deal with the challenges that come with the company policies your workplace has implemented for compensation.
Benefits Covered by Workers’ Compensation in New York
Workers’ compensation in New York is designed to support employees financially if they become injured or ill as a direct result of their jobs. Your personal injury law firm nyc will have lawyers who specialize in workers’ compensation claims in New York to cover different aspects related to your recovery such as lost income. So, you can expect these benefits to be covered by consulting your workers’ compensation claim lawyer depending on the nature of your injury:
Medical Expenses
Workers’ compensation in New York covers all the necessary medical expenses related to your injury. An injury can also be a sickness that is either mental or physical. This medical coverage has to cover doctor visits, hospital stays, surgeries, and anything else that is prescribed by your doctor.
Wage Replacement
In a scenario where your injury stops you from working for a certain period of time, wage replacement benefits are included in New York workers’ compensation. This means that you are entitled to two-thirds of your average weekly wage. The state has a maximum set amount.
Disability Benefits
While nothing can replace what you lost in an injury leading to a partial or total disability, disability benefits covered by your workers’ compensation claim can help up to a certain extent. There are three types of disability covered by disability benefits:
- Temporary Partial Disability: Circumstances where you can return to work but at a reduced capacity.
- Permanent Partial Disability: Your injury results in a permanent impairment affecting your ability to work.
- Permanent Total Disability: Your injury leaves you unable to work in any capacity. This is where you may receive lifetime benefits.
Vocational Rehabilitation
If your injury prevents you from returning to your previous job, workers’ compensation in New York may cover vocational rehabilitation services to help you gain new skills and find suitable employment.
Death Benefits
In the tragic event that a work-related injury or illness results in death, workers’ compensation provides death benefits to the dependents of the deceased worker. These benefits include coverage for funeral expenses and ongoing financial support to the worker’s spouse and children.
Filing a Workers’ Compensation Claim in New York City
There are several things to keep in mind when filing a workers’ compensation claim in New York. The most important fact to remember if you live in one of the boroughs of New York City like Queens or Bronx is that you only have 30 days to report your work-related illness or injury to your employer.
Hire a workers comp lawyer Brooklyn immediately if you live in Brooklyn to file your claim adhering to local guidelines. For example, if you fail to report your work-related injuries to your employer in Brooklyn, you’ll be jeopardizing your workers’ compensation claim.
Before filing your workers’ compensation claim in any borough of New York City, you need to obtain medical treatment immediately from your healthcare provider. Your New York doctor will be completing a medical report and submitting it to the New York Workers’ Compensation Board (WCB).
Afterward, you can file your workers’ compensation claim with your workers’ comp lawyer in New York who will submit a C-3 Employee Claim form to WCB on your behalf. Note that this form must be filed within two years of the injury or illness.
Once the claim has been filed, WCB will notify your employer and their insurer. The claim can either be accepted or contested. If it is the latter, your New York workers’ compensation lawyer will present evidence to a judge at a hearing. With your lawyer by your side, you don’t have to worry about a thing.
