03 May What Is The New York Workers’ Compensation Law?
New York has been the go-to city for fashionistas, bankers, businessmen, and everyone in between for ages. New Jersey may be better. However, Manhattan is the city that never sleeps. Nevertheless, if you were injured on the job, whether in Upstate or on Wall Street, you will be thankful that New York workers’ compensation laws typically require employers to cover for you the time you need to rest and recuperate.
Workers’ compensation is, to put it simply, insurance that offers cash benefits and/or medical care for workers who are injured or become ill as a result of their job.
Employers always pay for this insurance, and shouldn’t, according to law, require the employee to contribute to the cost of compensation. Cash benefits per week and medical care are paid by the employer’s insurance carrier, as directed by the Workers’ Compensation Board. The Workers’ Compensation Board is a state agency that deals with claims. If Board intervention is absolutely necessary, it will determine whether that insurer will reimburse for cash benefits or medical care, and the amounts payable. A worker’s comp lawyer can help with making sure that the benefit aligns with the law.
In the case of a workers’ compensation, no one party is determined to be at fault. The amount that a claimant receives is definitely not decreased by his/her carelessness, nor increased by an employer’s fault. Nevertheless, a worker loses his/her right to workers’ compensation in case the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else.
Any claim is paid in case the employer or insurance carrier agrees that the injury or illness is work-related. In case the employer or insurance carrier disputes the claim, keep in mind that no cash benefits are paid until the workers’ compensation law judge decides who is right. In case a worker is not receiving benefits as a result of the employer or insurance carrier arguing that the injury is not job-related, the person may be eligible for disability benefits in the meantime. Any payments made under the Disability Program, nevertheless, will be subtracted from future workers’ compensation awards.
In case you can return to work but your injury prevents you from earning the same wages you once did, it’s possible for you to be entitled to a benefit that will make up two-thirds of the difference. You can, if you want, also return to work in light or alternate duty before you are fully healed.
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