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 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 631-981-26630 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

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 can be eligible for workers compensation insurance benefits regardless of how your injury happened, but you do not have to pay premiums for injuries caused by your own negligence.

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. This is called “wage differential.” 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).

Permanent 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 because of your injury or illness, permanent total disability benefits may continue as long as you are disabled.

Permanent total disability payments may continue as long as you cannot return to work because of your injury or illness. You don’t have to be permanently disabled to receive benefits. Permanent total disability is an inability to perform any occupation for which you were trained and qualified (or could have been trained and qualified) prior to becoming totally disabled due to a compensable accident, occupational disease or sickness.

Workers with permanent partial disability are entitled to a lump-sum payment equal to two-thirds of their average weekly wage, up to a maximum set by law.

If a patient is permanently disabled, he or she may be entitled to compensation in the form of a lump-sum payment equal to two-thirds of their average weekly wage, up to a maximum set by law. The calculation of this payment is based on multiplying the employee’s gross earnings by 52 weeks (the number of weeks in one year). The calculation also takes into account any overtime and bonuses that were earned during this time period. In addition, it will account for any deductions made from payments such as taxes and union dues. Finally, if you worked more than one job during this time period (e.g., part time), then it will include those earnings as well.

The maximum payment is capped at the state maximum weekly wage and varies by state. However, there are no limits on how much disability insurance companies can charge for workers compensation premiums based on industry risk factors like job classification or location within your business’s operations area

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 total disability benefits.

Permanent total disability benefits are available if:

  • You had temporary total disability benefits; and
  • Your injury has resulted in a permanent physical impairment.

You can apply for permanent total disability benefits by completing the Request for Continued Compensation form or by contacting your employer or insurance company. 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 your employer or insurance company. If this is not possible, the insurance company may ask that you first see 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, your case may be dismissed entirely.

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. 

If you have questions about how to choose a workers compensation insurance, ask your employer or the insurance company that provides your workers compensation coverage.

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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