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Workers’ Compensation and Workplace Accidents

Tens of thousands of New Yorkers are hurt in the workplace every year. In New York State, most workers with a work-related injury, illness or disability are covered by workers’ compensation insurance (often referred to as Workers Comp). Employers are required by law to provide and maintain workers’ compensation insurance. In most cases, employees are covered even if they their actions played a part in causing the accident. If you suffered an on-the-job injury, you may be entitled to Workers’ Compensation benefits, as well as compensation from any third party involved in the incident.

In order to receive workers’ compensation benefits, an employee must prove that they have an injury, disability, or illness arising out of and occurred during the course of their employment and that adequate notice was given to the employer. Some of the different causes of workplace injuries include: slip and fall accidents, motor vehicle accidents, construction accidents, exposure to toxic or harmful substances, dangerous or inadequately maintained equipment, fires, explosions, and workplace violence. In most cases, a claim for an accident must be filed with the Workers’ Compensation Board within two years of the incident or occurrence of the condition. While the law requires the injured employee to submit a written report of the incident within 30 days of the accident, this requirement is often excused by the Workers’ Compensation Board provided it can be shown that the employer had knowledge of the incident within that 30-day time frame.

When you are injured on the job and unable to work for more than seven days you can receive cash benefits. The amount you will get is based on your average weekly wage for the previous year. Worker’s compensation benefits can include: cash benefits, medical benefits, social security benefits, and death benefits. If you are eligible for workers’ compensation, you will receive the necessary medical care that directly relates to the treatment of your work-related injury or illness and recovery. The doctor or therapist you use must be Worker’s Compensation Board-approved, however exceptions can be made for emergency situations. If you are eligible for workers’ compensation and are seriously disabled for a continuous period of 12 months or more you may be entitled to the payment of monthly Social Security benefits. Additionally, if a worker dies from an on-the-job injury, the dependents of the deceased worker may be entitled to a weekly cash benefits. The benefit amount is equal to two-thirds of the deceased worker’s average weekly wage for the year before the accident. Additionally, funeral expenses may also be paid (up to $6,000 in New York City).

We will assist you in completing the necessary and sometimes copious paperwork that is required in order to establish a claim for workers’ compensation benefits. You should not expect your employer to do this for you. In order to establish your case, you must have a medical report stating that the work-related accident or condition was the cause of the injury, illness or disability. Without such a medical report, the Workers’ Compensation Board will not consider your case.

Workers’ Compensation was originally enacted to protect workers, but in many cases, this protection can fall short of covering the actual costs of a job-related injury, for example, if you have suffered a permanently disabling injury, one that requires costly long-term medical care. However, if a third party is responsible for your injury, you may be able to bring a lawsuit for personal injury damages in addition to making a claim for workers’ compensation benefits. Our office will conduct an investigation and analysis of the circumstances of your particular workplace accident to determine if any third parties are involved, enabling you to receive additional compensation for your injuries.

We represent workers injured in accidents or suffering other job-related injuries and illnesses. The insurance companies have attorneys looking after their rights. The lawyers of David I. Pankin, P.C. are here to fight for your rights. We will help you pursue the workers’ compensation you deserve and collect for lost wages and all available benefits.

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