FAQs About Workers' Compensation in New York

Posted By Katz, Leidman, Freund & Herman || 19-Mar-2019

If you are considering filing a workers’ compensation claim on Long Island, in New York City, or anywhere else in the state, you probably have a lot of questions. To help you better understand how workers’ compensation works, here is a list of frequently asked questions and answers.

Q. Can I get benefits if I’m responsible for the accident?
A. Workers’ compensation is a “no-fault” system. This means a worker can obtain benefits, even if he or she is entirely to blame for the accident. However, a worker is usually disqualified from benefitsif he or she became injured while under the influence of drugs or alcohol, or if they were intentionally trying to hurt themselves or someone else.

Q. Can I also file a lawsuit against my employer?
A. When a disabled worker files a claim for workers’ compensation, he or she is barred from filing a separate lawsuit against their employer, but that doesn’t necessarily mean a worker can’t seek additional compensation. If a third party, such as a homeowner, the driver of an automobile, or a contractor is liable for the accident, the worker may be able to file a third-party lawsuit and seek additional compensation.

Q. Can I receive disability andworkers’ comp benefits?
A. An injured worker can certainly apply for workers’ comp and Social Security Disability(SSDI) benefits. However, they cannot collect 100% of their earnings before the injury. Instead, the total combined benefits cannot exceed 80% of their previous wages. The excess is deducted from the worker’s SSDI benefits.

Q. What if I delay in filing a workers’ compensation claim?
A. If you fail to file a workers’ compensation claim and too much time elapses, you can lose your rights to medical care and monthly benefits.

Q. Can I get medical care if I don’t need the benefits?
A. Suppose you are injured on the job, but you don’t lose any time from work. If you need medical care, you can still receive it at no cost, even if you don’t receive cash benefits.

Next: Time Limit for Filing a Workers’ Comp Claim in NY

We hope this helped answer some of your questions about workers’ comp in New York. For additional information, contact our Long Island workers’ compensation firm today.