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How Does Workers' Compensation Work in New York?

Workers in the state of New York are typically covered by workers’ compensation insurance protection in the event of a workplace injury. There are a few employment areas where workers’ comp is not required, but most private company employees are protected. The typical injury that is covered by workers’ compensation occurs at work with immediate supervision around, but that is not always the situation. Employees who are injured in remote work locations often seek medical attention first before notifying a management member. Just as in other personal injury cases, each case is unique in some respects and knowing what to do and how the system is designed is important for all workers.

Report the Injury

Injured employees should report a workplace injury as soon as possible to company management. The employer will then submit an accident report after conducting an investigation. The employer is charged with submitting the accident report and filing the claim with their workers’ compensation insurance company, which is often the New York state workers’ compensation insurance company.

However, employers are not always receptive to fulfilling this requirement and will instead attempt to avoid or contest the claim. It is always vital to contact an experienced New York workers’ compensation insurance attorney immediately when an employer or insurance company acts in bad faith because there are time limits to filing a claim. In addition, a workers’ comp attorney can start the claim on behalf of the injured worker client, sometimes for additional benefits.

What is Covered

Workers’ compensation insurance in New York is designed to provide general benefits for both the employee and the employer. For the employee, medical coverage is provided for injuries that occur on the job or develop occupationally over a career. This allows workers suffering from repetitive motion disorders to file claims on their disability.

It is important to note that repetitive motion injuries are often the most strongly defended of workers’ comp claims, and it may take an experienced attorney to maximize the chances of successfully filing a claim. In addition to medical expenses from covered injuries, employees are allowed a continuation of a portion of their wages until they can return to work.

The employer is given an exemption from negligence liability from a standard personal injury lawsuit when the system works correctly unless the employer has not been in compliance with state safety laws. Negligence can still matter, and an experienced workers’ compensation attorney will understand when additional benefits could apply. Our New York workers' compensation lawyers are here to help.

Anyone in New York who has been injured at work should contact the legal professionals at Levine and Wiss for a complete free evaluation of your workers’ compensation injury claim potential.