In the state of New York, almost all employers are required by law to purchase
workers' compensation insurance to cover their employees in the event of a workplace accident.
This insurance must cover workers who are working at a for-profit or non-profit
business, regardless of whether they are full-time employees, part-time
employees, borrowed or leased employees, family members or volunteers.
State employees, full-time domestic workers, certain farm workers, public
school teachers (other than those employed by New York City itself), and
county workers, even those involved in "hazardous" work, all
must be covered as well. There are, of course, certain exceptions to the
laws, but we advise you consult with a New York workers' compensation
attorney at our firm if you have any questions about workers' compensation
As far as benefits are concerned, most workers' compensation policies
generally cover basic medical care for the illness or injuries you sustained,
replacement income for up to two-thirds of your average wage, any applicable
retraining costs, compensation for any permanent injuries and survivor
benefits in the unfortunate case of a fatal workplace accident. Compensation
for pain and suffering is not covered by workers' compensation, so
it is important to know that once you collect on workers' compensation
benefits you are no longer eligible to sue your employer. Should negligence,
neglect, recklessness, or intentional disregard for the safety of the
employees on the part of your employer, or a third-party, be responsible
or partially responsible for causing your accident, you may have the right
to file a lawsuit and potentially waive your right to workers' compensation
insurance benefits. By doing so, you could be able to recover damages
to cover medical expenses, lost wages, mental anguish and more. You should
not move forward with a lawsuit, however, until you have been able to
thoroughly review your legal options with your attorney, and determine
how to best move forward legally in your case.
If you or a loved one has been seriously injured in a workplace accident,
contact a workers' compensation lawyer at Katz, Leidman, Freund & Herman
today and schedule a free, initial consultation.