Suffolk County Workman's Compensation
Workers’ compensation, also known as workman’s compensation, is an insurance program that was designed to provide benefits and care for workers injured on the job. Workers’ compensation benefits are available not only to employees who are injured in a workplace accident such as a construction accident, but also to employees who become ill because of workplace conditions. For example, an employee who develops a respiratory condition from inhaling airborne chemicals over a period of time would be eligible for workers’ compensation benefits just like an employee who suffers a back injury in a crane accident. While the law states that injured employees are entitled to benefits, it is not always easy to get them. In fact, it is not unusual for deserving injured employees to have benefits denied. If you were injured on the job, it is important that you immediately contact an experienced Suffolk County workman’s compensation lawyer who is familiar with both workers’ compensation law as well as personal injury law.New York workers' compensation law
Under New York’s workers’ compensation law practically every employer must provide workers’ compensation benefits to their employees. While not every type of employee must be covered, most are, including domestic employees who work at least 40 hours a week and most contract employees. Workers’ compensation provides a number of benefits to injured employees, including cash benefits, medical coverage, social security benefits and death benefits.
While you are recovering from your injury, the cash benefit that you may be entitled to receive through workers’ compensation is not your full salary, but 2/3 of it. Workers’ compensation will also cover the medical expenses related to the injury. If a worker is expected to be disabled for at least 12 months, the worker would be entitled to Social Security benefits.
If a family member passed away as a result of a workplace accident, then workers’ compensation provides death benefit to specific surviving relatives including the spouse and minor children.Common workplace accidents and hazards
Workplace accident can be caused by a number of factors. A slip and fall accident can result from an employee carelessly leaving materials in a hallway. An employee could experience a hearing loss from an accidental explosion. A work could be injured in a car accident while driving to a client’s office.
Here are just a few examples of the common causes of workplace accidents:
- Construction accidents
- Work vehicle accidents
- Repetitive stress injuries
- Heavy lifting injuries
- Exposure to gas, asbestos and other hazardous substances
- Injury from faulty, defective, or dangerous equipment
- Workplace violence
- Carpal tunnel syndrome
As an experienced workman’s compensation attorney in Suffolk County will explain, the law allows individuals injured due to the negligence of another person or entity to demand compensation from that person. Typically the process for demanding compensation involves filing a personal injury claim. However, if the individual injured is covered by workers’ compensation law, the process is completely different. Because New York law workers' compensation benefits are the "exclusive remedy" for an injured employee, the employee typically must go through the workers’ compensation process in order to get benefits. In order words, an employee who was injured in an accident subject to workers’ compensation laws typically cannot file a lawsuit court to demand damages.
There are, however, workplace injury cases in which the employee would have the right to sue the employer. If, for example, the employer intentionally injures the employee, the employee would have the right to sue the employer. If the employer fails to carry required workers’ compensation insurance, then an injured employee would be permitted to the employer for damages related to the workplace accident. Also, in cases where the workplace accident was caused by a third party, the employee may have a claim against that third party.Contact the Law Offices of Stephen Bilkis & Associates
If you are seriously injured in the workplace your injury may very well be subject to New York’s workers’ compensation rules. If that is the case there are rules and deadlines that you must follow to ensure that you receive the benefits to which you are entitled. However, in some circumstances workers who are injured in the workplace have the right to sue and recover compensation through a personal injury claim. To ensure that you receive the maximum compensation to which you are entitled, contact an experienced workman’s compensation attorney serving Suffolk County. The staff at the Law Offices of Stephen Bilkis & Associates has experience handling personal injury cases as well as cases involving accidents in the workplace and construction site accidents. 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.