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.
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.