Am I Eligible for Workers' Comp Benefits?

Posted By Katz Leidman Grossman Wolfe & Freund || 31-Jul-2017

If you were recently injured in a work-related accident and the injury has prevented you from returning to work, you may be thinking, “Should I file a workers’ compensation claim? Am I even eligible for benefits?” Workers’ compensation was designed to help injured workers receive compensation to cover their medical bills and pay for a percentage of their lost income; the information below will help you determine if you’re likely eligible for benefits:

What is workers’ compensation?
Workers’ compensation is a no-fault insurance available to injured workers who sustain on-the-job injuries. No-fault means the worker can apply for benefits regardless of his or her own negligence.

Who pays for workers’ comp?
Workers’ compensation is paid by employers on behalf of employees. Employees do not contribute to the costs of this insurance.

Am I eligible for workers’ comp benefits?
While each state has enacted its own workers’ compensation laws, the general guidelines tend to be almost identical. Usually, in order to qualify for workers’ comp benefits, you need to meet the following criteria:

  • Your injury must be work-related.
  • You were not under the influence of drugs or alcohol at the time of the accident.
  • You were not intentionally trying to hurt yourself or another person at the time of the accident.
  • Your employer carries workers’ compensation insurance.
  • If your employer does not have workers’ comp insurance, they are legally required to carry it.
  • You are an employee of the company whose workers’ compensation insurance you intend to use.

Who is covered under New York’s workers’ comp law?
According to the New York State Workers’ Compensation Board, “Virtually all employers in New York State must provide workers’ compensation coverage for their employees (WCL §2 and 3).” Aside from regular employees, domestic workers who work at least 40 hours a week, farm workers who earn more than $1,200 in a year, most workers compensated by non-profit organizations, and employees who work for the State of New York are all covered by workers’ compensation, but there are other eligible workers as well.

To find out if you’re eligible for workers’ comp benefits in New York, contact Katz Leidman Grossman Wolfe & Freund today for a free case evaluation. We'll guide you every step of the way!