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
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
contact Katz, Leidman, Freund & Herman today for a
free case evaluation. We'll guide you every step of the way!