Westchester County Workman's Compensation
Workman’s compensation is an insurance program that was designed to provide benefits for employees who suffer work-related injuries. Workers’ compensation benefits are available not only to employees who are injured in a workplace accident where someone is injured in a fall or by malfunctioning equipment at a construction site or in a factory. Benefits are also available to employees who become ill in the workplace after inhaling toxic substance such as asbestos. While the law gives employees the right to receive benefits through the employers’ workers’ compensation insurance policy, receiving such benefits is not automatic and can become complicated. Furthermore, injured employees may be entitled to additional compensation besides workers’ compensation benefits. If you were injured while working, it is important that you immediately contact an experienced Westchester County workman’s compensation attorney who will review the details of your case and help you receive the medical benefits, wage replacement and any other compensation to which you are entitled.New York workers' benefits
With few exceptions, under New York workers’ compensation law all employers must carry workers compensation insurance. The purpose of these policies is ensure that employees who are injured at work receive medical benefits and wage continuation while they recover. In exchange for having his safety net for employees, the law adds protection to the employer as well. Employers are cannot be sued by employees for injuries at work.
Benefits provided by workers’ compensation include:
- Medical benefits- To cover treatment of the injury
- Wage replacement- Percentage of the employee’s wages up to a limit
Practically every imaginable accident can occur in the workplace. Examples of common workplace accidents include:
- Falls. Falls are particularly dangerous when they occur at construction sites.
- Auto accidents. Workers’ compensation would cover accidents if the driving is a regular part of the job. It would not cover an accident where the employee was driving to work from home, or driving from work at the end of the workday.
- Chemical exposure. Chemical burns typically occur at construction sites, factories, or research facilities.
- Defective equipment. This an include injuries from small office equipment to injuries suffered due to faulty heavy construction equipment
Because New York law workers' compensation benefits are the "exclusive remedy" for an employee injured in the course of working, for the most part injured employees do not have the legal right to pursue compensation through personal injury lawsuits against the employer or a co-worker. Instead you must follow the rules for filing a workers’ compensation claim including notifying your employer of the injury, filing a claim using the appropriate forms and seeking medical treatment from an approved medical provider.
It is important to understand that workers’ compensation benefits are not automatic simply because the injury was work-related. There are procedures that must be followed and claims can be denied.
If the injury was caused by a third party or was not work-related, then you may have the right to pursue damages through a personal injury lawsuit.
Regardless of whether you are pursuing workers’ compensation benefits or a personal injury lawsuit, proper procedures must be followed. To ensure that your legal rights are protected, discuss your case with an experienced attorney.Contact the Law Offices of Stephen Bilkis & Associates
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 & Associates has experience handling workplace injury cases and workers' compensation claims as well as helping clients pursue 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.