Workers Compensation in New York

Injured on the job?

Welcome to our New York State Workers Compensation Hub, where we offer everything you need to know about workers compensation, including your scheduled loss of use.

If you’re injured on the job, workers compensation insurance can help cover medical treatment and lost wages. While every state has its own laws regarding workers compensation, generally employers in all states must have this type of insurance. Workers compensation insurance is  important if you’ve been injured and need ongoing care or if you were working for a small business without its own insurance policy.  If your employer has no medical insurance for employees, the business may not be able to pay for your medical bills or disability benefits. However, with workers compensation insurance, medical costs are covered.

In most states, if you are injured while working on the job, your workers compensation insurance will be paid by your own insurance company (your employer). However, if your injury was caused off the job and was not related to work, then your own health insurance will cover it.

You can contact us at 631-981-2663 so we can assist with filing this workers compensation insurance claim on your behalf or help you with coverage from your own insurance company.

Every state has laws that require most employers to have workers compensation insurance.

Every state has laws that require most employers to have workers compensation insurance. The purpose of these laws is to help an injured worker get medical care, disability pay, and lost wages without going through a lawsuit.

The following information about this type of coverage should help you better understand it and its importance:

  • It’s mandatory in most states. Employers who don’t carry workers compensation will be fined or even shut down by state labor departments if they don’t comply with workers compensation rules set by their respective states (which vary slightly). If an employee gets hurt on the job and if that injury meets certain criteria, workers compensation insurance  of the employer must pay benefits even if he or she didn’t do anything wrong. Otherwise, employers risk fines and other penalties due to lack of compliance with statutory requirements set forth by each individual state legislation governing this subject matter area. Furthermore, in New York state there is an Uninsured Employer’s Fund which will provide coverage to workers injured on the jobs and assess penalties against the uninsured employer.

Workers compensation insurance can help pay for medical care if you’re injured on the job.

Your employer pays for your workers compensation insurance. This insurance helps pay for medical treatment and lost wages if you’re injured on the job.

If you’re injured, you and your employer must report it to their workers compensation insurer. The insurer will then provide a claim form so they can start paying bills related to your injury right away.

Workers compensation insurance also pays a portion of your lost wages if you need to miss work, and provides death benefits to your family.

Workers compensation insurance is required for all businesses that employ at least one employee. It covers medical expenses, lost wages and other costs if you are injured on the job.

You are eligible for workers compensation insurance benefits regardless of how your injury happened. Your employer pays the premium even if your own negligence is involved with certain limitations.

Workers compensation can help replace lost income for partial or total disability.

If you’re injured on the job, workers compensation insurance can help pay for medical care and replace part of your income while you recover.

Most states require employers to provide this coverage as a way to protect employees in case of an accident or injury that occurs at work. Workers compensation insurance also pays a portion of your lost wages if you need to miss work and provides death benefits to your family if you die because of an injury sustained on the job.

State workers compensation insurance boards handle disputes between employees and employers – not the federal government.

Most states are required to have a workers compensation system for its employees. However, that doesn’t mean that the federal government has jurisdiction over state workers compensation insurance laws. The regulations governing workers compensation insurance in each state are set by their respective boards and commissions responsible for administering them. Since they’re independent of federal authority, they’re also not subject to federal oversight or regulation. This means that it’s up to each state’s board of insurance commissioners (or another governing body) to determine what benefits employers need to provide their employees after an accident on the job, how much those benefits should be worth, how disputes between employers and employees will be resolved; and so forth.

Federal and state laws outline some minimum standards that all states must meet regarding workplace safety rules. It’s important for employers across all industries (especially those in construction trades or other high-risk occupations) to understand these differences between state laws versus federal ones before choosing which type of coverage would suit them best.

How much money will I get?

We are not attorneys. We are not an insurance company. We do not represent any specific insurance agency, either. Therefore, we recommend that patients contact their own agents/attorneys to discuss money and other benefits they will receive. The information below is based on what we have seen in past.

Permanent partial disability payments may continue regardless of whether you return to work.

If you are injured and receive a permanent partial disability, your workers compensation insurance will pay you two-thirds of the difference between your pre-injury wage and your post-injury wage, in the event that you return to work with diminished income. This is called “reduced earnings.” Workers compensation insurance also may provide continuing medical treatment.

The amount of your total disability benefits depends on whether or not you have returned to work:

  • If you have returned or have been cleared to return to work, but only at reduced duties, then your benefit is based on what percentage of the pre-injury capacity is left. The lower the percentage of ability remaining after recovery, the lower the benefit.
  • If you have not been cleared by us to go back to work full time, your benefit will be based on 100% impairment (e.g., permanent total disability).

Total disability payments may continue as long as you cannot return to work because of your injury or illness.

If you cannot return to work due to your injury or illness, you may be eligible for ongoing total disability awards if you have supporting medical from your treating doctor. The total disability rate is two-thirds of your average weekly wage up to a maximum rate depending on your date of accident. The current standard of total disability is the inability to perform work of any kind, not just the work you were performing at the time of your injury.

If you received temporary benefits and now have a physical impairment that would make it difficult for you to go back to any job, you may be eligible for permanent total disability benefits.

If your injury has caused a physical impairment that would make it difficult for you to go back to any job, you may be eligible for permanent disability benefits.

Permanent total disability benefits are available if:

  • your injury results in a permanent physical impairment whether or not you were able to return to work in some capacity.
  • Your injury has resulted in a permanent physical impairment.

You can apply for permanent total disability benefits by scheduling a permenancy evaluation with your doctor so that they may execute a form C-4.3 setting forth your permanent disability and resulting restrictions. You should also contact us at 631-981-26630 so we can assist with filing this claim on your behalf.

You can get medical care from the doctor of your choice while filing a Workers compensation claim with your employer or insurance company.

While filing a workers compensation claim, you have to choose any doctor who has been approved by the Workers’ Compensation Board in your state. The insurance company has the right to have you examined by one of its own doctors. You do not have to accept a specific type of treatment or follow any kind of guidelines set by the company.

If your claim is denied because you chose an unapproved (and therefore non-covered) provider, you may be unable to rely upon those reports to support your claim for an injury or in support of wage replacement checks for the period(s) during which you treated with a non-approved provider.

You can get medical treatment from any doctor, hospital, health clinic or other provider who agrees to treat workers compensation patients in your state.

If you’re injured on the job, you can get medical treatment from any doctor, hospital, health clinic or other provider who agrees to treat workers compensation patients in your state.

Again, We are not a legal firm. We are not an insurance company. We are a medical practice that treats patients with orthopedic injuries. So please make sure to contact your attorney or agent before making any decisions!

Conclusion

Workers compensation insurance is designed to be a safety net for employees who have been injured on the job. The benefits are meant to provide medical care and financial assistance while you recover from an injury or illness. While there are some caveats and restrictions, workers compensation insurance can be a valuable form of protection for both employees and employers.

 

Please refer to the Workers Compensation Board website of your state or speak with your Workers Compensation attorney for more information.

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4.9
Based on 93 reviews
Dr Vaksha, is a great doctor very professional knows what he talking about. Treat patient with upmost respect. Thank You
Troy Spencer
16:46 19 Jan 23
Dr. Karkare is an amazing doctor, very caring and attentive, the girl at the front desk is very kind and helpful. .elizabeth .thank you so much .
blanca ventura
21:32 26 Oct 22
Been going to this place before my accident and after I had my knee surgery. So happy how I been treated and how well I am getting. Thank you all and specially Dr. VAKSHA for everything and getting back on track.
Ita Opico
19:01 25 Oct 22
Love this place From the minute I called I was treated kindly. When I arrived The Dr saw me right away he was compassionate and ordered the appropriate tests for me. I came back in for my follow up and had the same great experience.
Christine Rostock
21:28 23 May 22
Dr Vaksha and Dr karkare are 2 of the best orthopedic doctors around my wife Susan had a very serious broken ankle in March of 2019 she didn't think she was going to walk again Dr vaksha did an excellent surgery on her ankle he said it was his toughest he ever did he put a lot of hardware in her ankle and told her she would be alright she made remarkable recovery thanks to his surgery as of now she regained 100 percent use of her ankle she would highly recommend him to anyone. My own experience with Dr karkare has been wonderful he takes his time with you listens to what you have to say and prescribes various treatments and is very caring I would highly recommend him to anyone I would give both doctors a 10 plus rating we are very happy with them the best.
Harry Jones
23:31 19 May 22
Complete orthopedics is a wonderful place to go when you hurt or injured a great staff and wonderful doctors very knowledgeable and helpful I would recommend this place to all of my family and friends that is in me of orthopedic care I give them 10 thumbs up
Wayne Pemberton
17:39 18 May 22
The staff is very professional and helpful. Dr. Vaksha is excellent. He takes time to listen and offer suggestions to help you get better. I’m very thankful and happy to be a patient here at Complete Orthopedics.
Phoenix Rising
19:54 16 May 22
Dr.Karkare is the best. He listens to everything and explains everything I recommend him to everyone. I am so happy he is my doctor.
Myrna James
00:48 13 May 22
Dr.Kuo is amazing very attentive,caring,and passionate and staff is awsome too.Thank you for everything Dr.kuo.
Erick Murillo
23:17 12 May 22
I was in a car accident November 1 I was referred to Dr. Vaksha For shoulder surgery . I he was amazing he made me feel very comfortable and explained everything that was going to happen from surgery all the way through my physical therapy highly recommend Dr. Vaksha
Yolanda Ojeda
19:37 09 May 22
My appointment with Dr. Vaksha was amazing. Dr. Vaksha was very thorough and kind. I would refer this office to anyone who needs a great orthopedic doctor.
John Senechal
19:54 05 May 22
Scheduling my appointment was quick and easy. The staff was super friendly and down to earth. I was seen on time. The appropriate test, “x-rays” were taken before the conversation with doctor, something I really liked, test for analysis and conversation was done upfront. Dr. V had a great personality and was no BS, straight forward diagnosis and a play on next steps. I am happy I found them and would refer them to friends and family.
Sam
00:46 03 May 22
I have seen Dr. Kuo two times already and he's awesome along with his staff. Very friendly office and I'm glad to be a patient here.
Camaris A
20:01 28 Apr 22
Amazing team!! Very caring, profesional, and friendly!! Dr. Kevin Kuo, you are the best, very passionate, caring, and helping thank you for getting me better and being so kind to me! Elizabeth you the best thank you for you help always and you big smile and positive actitud❤️🙏🏼
breidy valerio
19:01 22 Apr 22
The staff is truly exceptional, they make you feel comfortable and welcomed. The doctors are amazing,always professional, compassionate and great listeners.
Elizabeth Collado
03:25 09 Apr 22
What a great place! The place is clean and organized.The staff is wonderful. Setting up physical therapy is right there as well.I'm so glad I found this place.
Donna Anne
22:45 05 Apr 22
This was my 1st time breaking something in my 27 years on this planet. I was recommended here by a friend Dr. Vashka helped me from day 1 and still continues to check in on me and my healing ankle. Would highly recommend
tyron davis
16:06 01 Apr 22
Brand new office, same great doctors! Rooms are clean, plenty of parking, physical therapy attached, Dr. Karkare and his staff are awesome. Thank you!
Emily B
02:49 24 Mar 22
Dr.VAksha is the best, I love the way he treats me as his patient, he is caring,understanding and very attentive to my needs
Mirna Caballero
14:53 03 Mar 22
Great staff. Dr. Vaksha is awesome and takes the time to listen to his patients. He is very compassionate. I would highly recommend this office.
Bebe Doyle
01:24 23 Feb 22
After suffering from a severe ankle injury Dr. V was able to help me heal and return back to work completely to a job where I stand for 12 hours a day. The office is very clean and I appreciated the reminders of my appointments via phone call and through text. The patient portal made it easy for me to access all my documents including work notes. The office staff is wonderful and Rebecca was able to schedule me with a busy schedule and awesome at answering all of my questions including referring me to a great physical therapy office. I highly recommend this office to anyone who’s looking for knowledgeable and kind orthopedic office.
Elizabeth Birchwell
21:31 28 Jan 21
The staff here are great, I was seen at the time of my appointment and was well taken care of!
Shaun Berry
18:14 07 Jan 21
They are an excellent practice. The front and back office people are amazing and so helpful. Rebecca is such a kind and understanding person. I had an issue with paperwork and she cleared it right up. Dr. Karkare is very knowledgeable, helpful, and caring.
Matt S.
19:31 18 Nov 20
Rebecca K. - What a true burst of sunshine. Very friendly and definitely an asset to the practice!
Laura Aston
18:17 17 Nov 20
Great experience, the Doctor is nice but the staff is incredible. I worked with Linda, who was profession and assisted me beyond what any person has done at other practices. Complete Ortho should be complimented for having such a person on their staff.I highly recommend this place!!!
Joe Allen
17:26 17 Nov 20
Linda and Becca they are so good ever time I come they are very nice I would tell everyone I no to come to this office..
Barbara Victor
16:45 17 Nov 20
I was rear ended in an auto accident , Dr Vashka was recommended by a friend of mine .I was experiencing Back , neck , and shoulder pain . After a thorough examination and given exercises to do at home , I am feeling much better , and I ended up avoiding surgery . The staff at Complete Ortho is extremely attentive and show great care when making an appointment and are very friendly and i never waited more than 5 minutes for my appointment . So I would strongly recommend Complete Orthopedics for any aches and pains that one might be experiencing.....
Bill Becht
04:44 17 Nov 20
It was the afternoon of Friday Sept. 24. We were in Pt. Jefferson and my wife, Mary Ann, broke her hip. We went to Mather Hospital and it was determined that she would have to have an operation to have it repaired. This would be her third time under the knife in the past year. It just so happened that we were very fortunate enough to have Dr. Karkare, who was on standby, perform the surgery. He put in a rod and two screws in her hip. She spent a few days in the hospital and then went to Gurwin rehabilitee for another few weeks.It has now been almost six weeks and we both worked the election the other day. If it wasn’t for Dr. Karkare’s expertise she never would have been able to work. She is able to walk with a walker and is doing physical therapy three times a week.We can not thank the doctor enough for the compassion and dedication that he puts into his work. It allows Mary Ann do the things that she likes to do, even on a limited basis for a while. I know that with her will, perseverance and the great work that the surgeon performed she will be back on her feet in no time.Sincerely:John V. PlumpEast Northport, NY 11731
Jack Harris
14:36 06 Nov 20
In the year of 2018 I was referred to Dr. Karkare because I was experiencing severe knee joint pain. After exhausting physical therapy and trying to labor through the pain, I had to make a quality of life decision. Total knee replacement was the only viable option. Dr. Karkare made my decision easy as he walked me through the whole process from surgery to recovery.On 12/13/19 ( Friday the 13th) I enter Lenox Hill Hospital in great hands. From the time I entered Dr. Karkare’s office for the first time until now, his staff has been amazing. Andrea the medical coordinator walked me through all the paper work and necessary preparations for the surgery. Courtesy and kind would be an understatement. Dr. Karkare went over and beyond from the wellness checks and phone calls all to assure me that I was important to him. This was the right decision no pain and no limp. Complete Orthopedics should be your choice!
Kenneth Randolph
22:18 25 Sep 20
Dr. Vadshka has a great bedside manner. He really takes his time and explains treatment options.
T Lee
12:33 09 Sep 20
I suffered with pain in both knees for years. My orthopedic doctor kept recommending knee replacement . I fought it for years, as I was just afraid. When I had no choice and could barely walk , it was recommended I see Dr. Karkare. We set up a consultation and my wife and I left his office feeling totally confident and comfortable with moving ahead with the surgery. He explained everything to us, and the office staff set everything up for us and made the process easy. So about one month after our initial meeting I had the first knee done. I was up walking mere hours after the surgery, and on the workout machines the next morning. I went home two days after the surgery, and yes walked my daughter down the aisle at her wedding only one week after the surgery without even a cane! Three months later I had the other knee done and went home the very next day. Dr. Karkare put my fears to rest . I would highly recommend him. His expertise gave me my life back. Thank you Dr. Karkare.SincerelyVito Congro
Ethel Congo
23:58 12 Aug 20
Dr Rhodin really cares for his patients. When I see him he makes sure to review my progress in detail.
Micki Cahill
15:03 08 Feb 20
My mom had a total hip replacement by dr karkare. He is the BEST orthopedic doctor.Her incision is almost invisable.She is going back for her other hip next week. The office staff is the best, love Andrea.You wont find a better doctor.
Ryan Brigandi
21:06 13 Jul 18
There is no better Orthopedic doctor you will find. Broke my ankle three places on a Saturday. Called Dr. Karkare. He had is team ready at the hospital and operated on me within 6 hours after my injury. Now After 3 months of great care by him and his staff, I am walking to normalcy.
Spacecom Tel
04:13 23 Mar 18
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Complete Orthopedics is a medical office and we are physicians . We are not attorneys. The information on this website is for general informational purposes only.

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