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NY Workers' Compensation at a Glance

Were you recently injured in a work-related accident, or are you suffering from an occupational disease? If your answer is yes to ether question, there is a strong possibility that you are covered under your employer’s workers’ compensation insurance.

Workers’ compensation pays for medical care and cash benefits (for lost income) for workers who have become injured or ill because of their jobs. The workers’ compensation system is a “no-fault” system, so even if a worker was partially to blame for an injury, it will not affect their eligibility.

A worker does however, forfeit their right to compensation if the worker’s injury was the result of being under the influence of drugs or alcohol, or if the worker was intentionally trying to injure themselves or someone else.

Workers do not pay towards workers’ compensation; the employer is responsible for paying for the valuable coverage. But, the Workers’ Compensation Board is the state agency that processes these claim.

Are you covered by workers’ compensation?

Almost all employees in New York are covered by workers’ compensation because most, but not all, employers are required by law to provide workers’ compensation. The following types of workers are covered:

  • Workers employed by for-profit companies. This includes part-time employees, family members, and volunteers.
  • County employees engaged in “hazardous” work.
  • Public school teachers, except New York City employees and public school aides.
  • Employees and volunteer workers who work for the state of New York.
  • Domestic workers who put in 40 or more hours a week for the same employer, including live-in maids and full-time sitters.
  • Farm workers who earn at least $1,200 a year.
  • Most people who work for nonprofit organizations.

A worker’s claim is paid if both the employer and insurance carrier agree that the worker’s injury or illness is job-related. If either entity decides to dispute a worker’s claim, the worker shall not receive any cash benefits until their case is heard by a judge.

While the worker waits for their hearing, he or she can apply for disability benefits. If the worker ends up receiving disability payments, that amount shall be subtracted from his or her future workers’ compensation award if the judge decides that they are eligible for benefits.

If a worker heals partially, but their injury makes it so they are physically incapable of earning the wages they earned before the injury, he or she may be entitled to a benefit that pays two-thirds of the difference.

A worker may also want to return to work, but perform lighter or alternative duties before they fully recover.

To file a claim for workers’ compensation, contact DeLorenzo, Grasso & Dalmata. We are available 24/7 to take your call!