Under NY Workers Comp law, employees injured on the job are usually entitled to workers’ compensation payments without regard to fault. But that doesn’t mean your employer or their insurance company won’t fight to deny or limit the amount of compensation awarded to you.
You deserve an experienced workers’ compensation law firm who fully understands your worker’s comp rights under New York law and is ready to work hard for you to get you the money you deserve.
What is Workers’ Comp?
Workers’ compensation provides injured workers with payment for their medical care and treatment as well as a percentage of their wages. The New York State Workers’ Compensation Board is a state agency that processes the claims and determines, through a judicial proceeding, whether a worker will receive benefits and/or medical care and how much he or she will receive. 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 meantime. If a worker is successful in a higher workers’ comp case, the disability amount will be reimbursed out of their award.
The workers’ compensation system was created so that the worker would not have to go to the trouble and expense of suing their employer to get the benefits to which they were entitled. Almost 100 years ago when the system was initiated, the worker’s right to sue the employer was taken away. Even if your employer’s or a co-worker’s negligence causes your accident, you cannot sue them.
You cannot bring suit against your employer for workplace injuries. However, you might be able to sue someone who is not your employer if they are responsible for your injuries. Someone who is not your employer is called a “third party” in this situation. We will review your case and advise you if this is appropriate.