Workers compensation are benefits awarded to a worker who sustained physical injury or occupational disease as a direct result of the ...
Workers compensation are benefits awarded to a worker who sustained physical injury or occupational disease as a direct result of the work they are doing in the organization. Employers under New York workers compensation laws are expected to carry workers compensation insurance coverage. The compensation can be financial benefits or coverage of medical treatment.
In essence employers are expected to pay for the compensation, usually through their insurance carrier. The employee is not obligated to contribute to this insurance. The state workers compensation law board oversees this process and determines whether the employer, through the insurance carrier will make weekly cash payments and/or medical treatments.
Workers compensation board may not be involved if the injury is something that the employee and the employer can resolve on their own. Maybe like a minor injury that would not involve a lot of money or medical care the employer can decide to handle it in house without involving the board. If the board intervention is required then it will determine if the employer is to make cash benefits reimbursement and/or provide medical care, and the appropriate amount.
While taking the case before the Workers' compensation board judge, you need evidence that the injury or illness was work-related. Testimonies from colleagues and medical professionals handling your case are all part of the evidence. You may also need an attorney to assist you with this.
What to do following the accident
· Go for first aid immediately.
· Ensure you inform your supervisor/employer of the accident in writing as soon as possible.
· Get comprehensive medical treatment. Document this.
The blame game
Whether the employer or the employee is at fault is inconsequential in New York workers' compensation cases. Hence the amount payable to the injured employee will not increase or decrease because the injury was the fault of the employer or employee. However if the injury sustained by the employee was as a result of his or her being intoxicated from alcohol or other hard substances then such an employee will have no right to compensation. So also if the injury came about because the employee involved had the sole intention of harming another or himself he cannot lay claim to the benefit.
The insurance carrier or the employer may deny the claim and refuse to pay the claim. They may argue that the injury is not work related. If this happens, the employee can take the matter before a Workers'compensation judge. While the matter is still pending before the judge, the employee will not receive any cash compensation though.
In the meantime, the employer may be entitled to disability benefits while the argument goes on. This disability package will however be deducted from the total worker's compensation awarded if the employee later wins the case. But otherwise, the employer is supposed to pay any agreed benefits or medical care.
The injured employee can return to work in light or alternate duty while waiting for full recovery. Also, if the injury prevents him from earning the usual wages, the employee may be entitled to a disability benefit.
Certain workers including the clergy, federal workers and volunteers are not eligible for workers' compensation benefits.
Also, if the injury is not work related, the worker cannot demand for workers' compensation.