Workers’ compensation is a state-mandated insurance program that provides compensation and/or medical benefits to employees who suffer work related injuries and illnesses.
An employee with a work-related illness or injury can get workers’ compensation benefits regardless of who was at fault, whether it be the employee, the employer, a coworker, customer, or some other third party. However, a worker will lose his or her right to workers’ compensation if it is determined the injury resulted solely from his or her intoxication from drugs or alcohol, or if the employee intended to purposely hurt him/herself or someone else.
The money a claimant receives is not decreased by his or her carelessness, nor is it increased by an employer’s fault. A claim is paid if the employer or insurance carrier agrees that the injury or illness is work-related. If the employer or insurance carrier disputes the claim, no cash benefits are paid until the workers’ compensation law judge decides who is right. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not job-related, he or she may be eligible for disability benefits in the interim. Any payments made under the Disability Program will be subtracted from future workers’ compensation benefits.
In exchange for these guaranteed benefits, employees give up their right to sue their employer in court for damages from those injuries.
If you are hurt on the job, follow these steps:
- Obtain first aid or other necessary medical treatment as soon as possible.
- Notify your supervisor about the injury and the way in which it occurred, as soon as possible.
- Complete a claim for workers’ compensation on Form C-3 and mail it to the nearest office of the Workers’ Compensation Board as soon as the incident occurs so there is no time lost.
If you need help filing a claim contact a Worker’s Compensation Lawyer at The Perecman Firm and we’ll walk you through the process. For more information on New York State Workers’ Compensation contact your local office.