New York State – Workers’ Compensation Law

New York state has workers’ compensation law on the books in order to protect injured, ill, and disabled employees while they recover. For most individuals and families, the prospect of missing extended work while recovering from an injury spells financial disaster, and medical bills only make things worse. Workers’ compensation law is intended to alleviate this problem by providing cash benefits to seriously injured, ill, and disabled workers and their families.

How does workers’ compensation law work?

When an employee is injured on the job, such as in a ladder accident, scaffolding accident, or forklift accident, he or she can apply for workers’ compensation benefits through the New York State Workers’ Compensation Board. The law makes this agency responsible for processing claims and determining who receives benefits, as well as how much will be paid. Benefits are paid directly from the insurer to the injured employee.

In practice, this system involves extended bureaucratic delays, and many workers who are legitimately entitled to benefits for their medical bills, rent, and other expenses are denied by the Workers’ Compensation Board. Fortunately, the right lawyer can help these workers obtain their benefits according to New York state workers’ compensation law. A lawyer who knows the administrative court system that determines eligibility and benefit levels and assigns disability ratings can work to expedite the process and make sure that his or her client receives the highest level of benefits possible.

Workers’ Compensation Discrimination

In some unfortunate cases, employers try to fire disabled or injured employees because they are unable to work. This practice is illegal. According to New York state workers’ compensation law, an employer cannot terminate an employee who has claimed or attempted to claim workers’ compensation benefits or an employee who has testified or is about to testify in a workers’ compensation court case. If your employer has unjustly fired you under these circumstances, you may be able to bring litigation against it.

Contact a Workers’ Compensation Lawyer

Injured workers in New York state who wish to file for workers’ compensation should speak to a workers’ compensation lawyer about their rights under the law.