Westchester County Workers' Compensation

Under New York law, worker's compensation insurance provides benefits to workers who become ill, are injured, or die in the course of employment. In general, a worker will be entitled to workers' compensation benefits if the injury or illness was work-related, regardless of fault. In other words, workers' compensation benefits are generally guaranteed whether the employee, the employer, a third party, or a coworker is at fault for the employee's injury. 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. In exchange for the guarantee of benefits, an employee loses the right to sue his or her employer in civil court for personal injuries. This is referred to as the "exclusive remedy" aspect of workers' compensation. However, there are circumstances where an injured employee would be permitted to pursue additional compensation through a personal injury lawsuit. If you or a family member suffered a serious injury in the court of employment, you may be entitled to compensation. Immediately contact an experienced Westchester County workers' compensation attorney who will review the details of your case and help you receive the benefits and compensation to which you are entitled.

Like most other states, New York law requires that employer carry worker's compensation insurance that would provide benefits to employees injured "on the job." For an accident to be covered by workers' compensation insurance, it do does not have to occur on the employer's premises. I can happen elsewhere—as long as it was in the course of work.

Workers' compensation benefits include:

• Medical benefits
• Wage replacement
• Vocational training
• Death benefits

Here are just a few examples of the common causes of workplace accidents:

• Falls
• Hit by falling object
• Auto accidents
• Exposure to toxic substances
• Repetitive action injuries
• Injury from faulty, defective, or dangerous equipment
• Exposure to loud noise
• Violence on the job

Under New York law workers' compensation benefits are the "exclusive remedy" for an injured employee. This is significant because it means that the only benefits or compensation that an injured employee has the legal right to pursue are the benefit and compensation offered through workers' compensation insurance. The victim would not have the right to file a claim or lawsuit against a negligent employer. While workers' compensation benefits provide medical coverage and limited wage replacement, workers' compensation benefits are typically not as generous as personal injury awards.

While the exclusive remedy rule is a part of the workers' compensation rules, there are exceptions. A injured victim may have the right to pursue damages in a personal injury lawsuit if the negligent party was not the employer but a third party such as a vendor or an equipment manufacturer. In addition, if the employer intentionally harmed the victim, workers' compensation insurance would not cover the injury and the victim would have the right to file a personal injury lawsuit against the employer.

The moments immediately after a workplace injury, particularly a serious injury may be confusing. However, it is important that the proper steps are taken to preserve your rights under New Yorker workers' compensation law. It is therefore critical for you to contact an experienced workers' compensation attorney who can discuss the facts of your case with you 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 experience handling workplace injury cases and workers' compensation claims. Contact us at 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.