Long Island Workman's Compensation
Worker’s compensation, also known as workman’s compensation, is an insurance program mandated by New York law that provides benefits to employees who are injured or fall ill while as a result of their employment. In many cases workplace injuries occur due to a slip and fall accident while at work, being hit by flying debris in a construction accident, or in an auto accident that occurs while on the job. However, to be eligible for workers' compensation benefits it is not necessary that the injury was caused by a sudden accident. Some workplace injuries are caused by repeated physical motions such as a back injury from repeatedly lifting heavy boxes, or a respiratory condition from inhaling airborne chemicals over a period of time. However, while the law gives employees the right to receive benefits under workers’ compensation, receiving such benefits can become complicated. Furthermore, injured employees may be entitled to receive compensation beyond what is available through workers’ compensation. If you were injured at work, it is important that you immediately contact an experienced Long Island Workman’s Compensation Lawyer who will review the details of your case and help you receive the benefits and compensation to which you are entitled.New York workers' compensation law
New York's workers' compensation laws state that injured parties are entitled to compensation if they sustain a work-related injury. Compensation often comes in the form of medical expenses, lost income and benefits, loss of ability to earn, and more. New York's workers compensation laws are generally tailored to benefit employers by lessening their liabilities for work-related injuries sustained by employees. These laws work as an agreement between the worker and the employer – in exchange for giving up the right to sue when it comes to workplace injuries, employees are given the opportunity to receive compensation for medical expenses, professional rehab, and lost income.
Here are just a few examples of the common causes of workplace accidents:
- Slip and fall accidents
- Car, truck or motorcycle accidents
- Exposure to hazardous substances
- Injury from faulty, defective, or dangerous equipment
- Violence on the job
Under New York law workers' compensation benefits are the "exclusive remedy" for an injured employee. This means that an injured employee is entitled only to workers' compensation benefits and is generally barred from attempting to collect additional compensation through a common law personal injury lawsuit. The practical effect of this provision is that it limits the amount of money that an injured worker would be able to recover to whatever workers' compensation provides, which is likely significantly less than what a victim might be able to recover in a personal injury lawsuit. For example, if a worker wins a personal injury lawsuit, the worker could be awarded medical bills, disability benefits, job replacement benefits or wrongful death benefits. The worker may also be awarded additional compensation including damages for pain and suffering.
However, despite the exclusive remedy provision, injured employees do not always have to settle for only benefits from workers' compensation insurance. It depends on the type of accident that led to the injury and who was negligent. For example, if a workplace injury was caused by a defective product, the manufacturer of the product may be liable. The injured worker may then be able to receive workers' compensation benefits and also file a product liability lawsuit against the manufacturer of the product to recover additional damages. If the workplace accident was due to the negligence not of your employer, but due to the negligence of a third party, you may be able to sue the third party in a personal injury lawsuit.
It is important to understand that just because you were injured at work does not mean that your employer will immediately approve workers’ compensation benefits. Instead, your employer may challenge your eligibility for benefits.Long Island Workman’s Compensation Lawyer
Even though the law gives employees the right to receive workers’ compensation benefits if they are injured at work, there are rules and procedures that must be followed in order to receive such benefit. It is therefore critical for you to contact an experienced workers' compensation attorney who will review your case and determine a course of action that will give you the best possible result. The staff at Stephen Bilkis and Associates has experience handling workplace injury cases and workers' compensation claims. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those injured in accidents in the following locations: