Personal Injury Overview-New York State Law
If you have been involved in any kind of injury at work or have become sick due to your work activities, you may be entitled to medical benefits as well as lost time benefits or a permanency award for your injury, even if you return to work or did not lose any time from work. You need to be sure to file your accident report within 30 days of your employer, and the law limits the amount of time you have to file a claim for benefits.
You do not "sue" your employer. Employers in New York State are required to have workers' compensation insurance coverage, and it is the insurance carrier that provides medical coverage as well as cash benefits for lost time or certain permanent injuries. The insurance companies have experienced lawyers working for them who know how to navigate the complicated workers' compensation system in New York. You should too. Call attorney Bryan C. Bopp for a free consultation about your rights. There is no fee unless you recover.
Social Security disability benefits (SSD) and supplemental security income benefits (SSI) are available to people who are disabled and unable to work. Individuals who are unable to work due to a workers compensation injury, may also be eligible for Social Security disability. However, Social Security disability benefits can be for either on or off the job injuries, illnesses, mental illnesses or a combination of problems, which prevent someone from working, and the condition has lasted or is expected to last a year or longer or result in death. SSD is similar to insurance, since you have paid for it through your employer.
SSI is for people without resources who do not qualify for SSD because of a lack of employment history or insufficient payments into the Social Security system. Social Security looks at your medical evidence and will take into account your age and education and past work experience to determine if you qualify under its rules.