Manhattan Workman's Compensation
If you are injured at work, there is a good chance that you will be eligible for workman’s compensation benefits. Workman’s compensation, also called workers’ compensation, is a form of insurance required by New York State, that allows employers to provide employees who are injured at work with medical care, wage replacement and other benefits. In exchange, the injured employee gives up the right to file a personal injury claim against the employer for negligence. Benefits are available not only to workers injured in a workplace accident such as in a scaffold accident or a machinery accident, but are also available to employees who become ill because of workplace conditions. For example, an employee who becomes ill due to exposure to asbestos or lead paint during a demolition job would be eligible for workers’ compensation benefits just like an employee who suffers a head injury in a slip and fall accident. While the law gives employees the right to receive benefits under workers’ compensation, receiving such benefits can become complicated. In fact, it is not unusual for employers to make it challenging for injured workers to receive benefits. 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 Manhattan 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' benefits
Under New York workers’ compensation law all New York employers must carry workers’ compensation insurance in order to ensure that injured workers receive necessary medical care and to ensure that while recovering injured employees continue to have income. Employers can purchase a commercial workers’ compensation policy, buy it from the state, or self-insure. Regardless, the benefits are the same. Benefits provided by workers’ compensation include:
- Medical care- Covers treatment of injury. However, the treatment must be provided by an improved medical professional
- Wage replacement- Provides injured employee a cash benefit that is based on the workers average weekly wages.
Benefits are generally available to any injured worker even if the injured worker’s own negligence caused the injury.Causes of workplace accidents and injuries
While certain workplaces such as construction sites have a greater risk of accidents than other workplaces, accidents occur in every type of workplace. Examples of frequent types of accidents include:
- Repetitive stress injuries: Muscle, nerves, ligaments, and tendons can be damaged from performing the same activity over and over. An example is carpel tunnel syndrome.
- Work-related car accidents: Car accidents affect workers such as commercial truck drivers and bus drivers who drive as a regular part of their duties, as well as workers who occasionally drive to get to work-related meetings or visit clients.
- Machinery accidents: Can occur as a result of defective equipment, poor training, or failure to follow OSHA safety procedures. If the accident is due to defective equipment, the victim may have a claim against the equipment manufacturer.
- Heavy lifting injuries: Can occur at construction jobs, retail jobs, or office jobs where proper safety precautions are not taken prior to a worker attempting to lift a heavy object.
- Falls: Falls that result in serious injuries frequently occur at construction sites where workers tend to work at high elevations. However, slip and fall accidents can occur at any workplace.
Generally, when a victim is seriously injured in an accident that was caused because another person was negligent, that person is legally entitled to demand compensation from that person for medical bills and other losses. The way this is done is through a personal injury claim. However, in the case of injuries that occur while the victim was working, New York’s workers’ compensation law applies. This means that the victim does not have the right to file a personal injury claim, and is only permitted to seek benefits through workers’ compensation. While workers’ compensation does provide much needed relief to injured workers, typically the benefits provided are significantly less generous than what might be available through a personal injury claim. Benefits available from workers’ compensation include:
- Medical care
- Wage replacement
- Vocational training
- Death benefits
Workers’ compensation benefits are not automatic simply because the accident occurred at work. Injured workers must follow the established procedures. Failure to do so may result in the claim being delayed or denied.Contact the Law Offices of Stephen Bilkis & Associates
Even though the law gives injured workers the right to receive workers’ compensation benefits if they are injured in the course of working, 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 the Law Offices of Stephen Bilkis & Associates has years of experience handling workplace injury cases and workers' compensation claims as well as helping clients pursue benefits and compensation from other sources such as Social Security disability benefits. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.