In New York, as in most states, workers’ compensation (workers’ comp) provides benefits to employees who are injured or become ill as a result of their job. Workers’ compensation in New York generally covers the following:
- Medical Benefits: Workers’ comp will pay for all necessary and reasonable medical treatment related to a work-related injury or illness. This includes doctor visits, hospitalization, surgeries, prescriptions, and rehabilitation services.
- Lost Wages: If your injury or illness prevents you from working, workers’ comp can provide compensation for a portion of your lost wages. The amount is typically calculated as a percentage of your average weekly wage, subject to certain caps and limitations.
- Permanent Disability Benefits: If your injury or illness results in a permanent impairment that affects your ability to work, you may be entitled to permanent disability benefits. The amount of these benefits depends on the extent of your disability and other factors.
- Vocational Rehabilitation: In some cases, workers’ comp may cover vocational rehabilitation services to help you retrain for a different job if you can no longer perform your previous work due to your injury or illness.
- Death Benefits: If a worker is killed as a result of a work-related injury or illness, workers’ comp can provide death benefits to their surviving dependents. These benefits typically include funeral and burial expenses as well as ongoing financial support for dependents.
- Travel Expenses: If you need to travel for medical treatment related to your work-related injury or illness, workers’ comp may cover reasonable travel expenses.
- Legal Costs: Workers’ comp should cover reasonable legal fees if you need to hire an attorney to help with your workers’ comp claim.
To qualify for workers’ compensation benefits in New York:
- The injury or illness must have occurred in the course of employment.
- You must be an employee of a covered employer. Most employers in New York are required to carry workers’ comp insurance.
- You must report the injury or illness to your employer promptly, typically within 30 days.
- You must file a workers’ comp claim with the New York State Workers’ Compensation Board within two years of the injury or illness.
It’s important to note that workers’ compensation is a no-fault system, which means that you are generally entitled to benefits regardless of who was at fault for the injury or illness. However, there are some exceptions, such as injuries resulting from intoxication or willful misconduct.
If you believe you have a workers’ comp claim in New York, it’s advisable to report the injury to your employer and seek legal advice from a workers’ compensation attorney to ensure that you understand your rights and navigate the claims process effectively.