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New York Workers Compensation

The New York workers compensation system provides income replacement (cash benefits) and/or medical care to individuals who are hurt or become ill as a result of their work in New York. The workers compensation program is "no-fault," which means that:

No one party (e.g., the worker or employer) will be judged to be "at fault" for the worker's injury or occupational illness
The benefits that a worker receives cannot be decreased based on his or her carelessness
The benefits that a worker receives will not be increased based on the employer's carelessness or other form of fault

However, if an injury at the workplace is solely due to the worker's intoxication from alcohol or drugs or from the intention to hurt himself or someone else, the worker will not have a right to receive workers compensation benefits.

The New York Workers Compensation Board

The New York Workers Compensation Board processes the forms that an injured or ill worker submits, and decides whether benefits will be awarded and what the level of benefits will be. The Board also sets the rates for benefits in accord with New York statutes and acts.

It is also the New York Workers Compensation Board that must authorize the healthcare provider for an injured or ill worker, unless the medical treatment is given in an emergency situation.

If the employer of a workers comp claimant disputes a workers claim for benefits — or if the employer's workers comp insurance carrier disputes the claim — the New York Workers Compensation Board will hold a judicial proceeding to decide the case.

New York Workers Compensation Benefits

The benefits available in New York for an injured worker or an employee with an occupational illness include:

Cash benefits
Supplemental benefits
Medical benefits
Death benefits
Social Security benefits

Filing a Claim for Workers Compensation

Although the deadline for filing a workers compensation claim for an injury in New York is two years, an injured worker should file his or her claim as soon as possible. In cases of occupational disease, the deadline is two years from the date the worker knew (or should have known) that the disease was due to the nature of his or her employment.

Get Legal Help from a New York Workers Comp Lawyer Today

If you or a loved one has been injured or killed on the job, it is in your best interest to speak with an experienced New York workers compensation attorney who will evaluate your injury and fight to ensure you recover the compensation you are entitled to. For more information or to schedule a free consultation with an attorney for New York workers comp claims, please contact us today.

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