It may seem like the people most likely to be injured on the job are blue-collar workers in the construction industry, in factories or other patently dangerous professions. However, even office workers or retail workers could strain lifting something heavy, have something fall on them, could trip and fall or could suffer repetitive stress injuries.
Injured workers in New York may have the right to pursue workers’ compensation benefits. The following is a brief overview of some types of benefits that may be sought. This post is for informational purposes only and does not contain legal advice.
If a worker is injured on the job and his or her disability lasts more than 14 days, the worker may seek cash benefits going back to the first missed workday. In addition, if a worker is partially or totally disabled due to an on-the-job injury and cannot work for at least seven days, he or she may seek cash benefits. Cash benefits are calculated based on a formula, wherein they will receive two-thirds times their average weekly wage times the percentage of their disability, although there is a cap on how much any worker can receive per week in cash benefits.
If a worker is entitled to worker’s compensation, they will receive any necessary medical care that is directly related to the on-the-job injury and recovery from disability. Unless it is an emergency, the physician seen must be authorized by the Workers’ Compensation Board. Some exceptions exist wherein the insurance carrier or a self-insured employer can determine what health care provider the worker will see. Medical expenses are paid by the employer or their insurance carrier, unless the case is disputed. Workers will not be personally charged for treatment.
If a worker is killed in a fatal workplace accident, the surviving spouse and/or any minor children may be able to seek cash benefits. The amount of these benefits is calculated based on two-thirds of the worker’s average weekly wage in the 12 months prior to the incident, although there is a weekly maximum.
Seek assistance with your worker’s compensation claim
Worker’s compensation benefits can be the financial lifeline an injured worker may need if they are unable to work. Workers in New York who want further information on worker’s compensation benefits can discuss their situation with an attorney to learn more about their rights and options moving forward.