FAQLaw Office of Robert KoenigsbergNew York City Workers' Compensation AttorneysQ. What is workers' compensation? A. Workers' compensation laws allow workers who are injured in the course of their employment to be compensated for their injuries without having to resort to a traditional lawsuit, or court proceedings. An injured worker does not have to prove that his or her employer was negligent, or at fault for the injury, only that the injury happened in the course of the worker's employment. Unless someone other than your employer was liable for your injuries, workers' compensation is generally your sole remedy for your injuries. Q. What kinds of injuries are covered? A. Almost any kind of physical injury or disease is covered by workers' compensation. An injury or condition you already had will not qualify, unless it was aggravated or made worse on the job. Q. What do I receive for my injuries? A. In New York, the injured worker can receive up to a maximum of $500 per week for lost salary. In some cases, the law allows for cash settlements even when the worker has not lost any time from work. The law also authorizes payment of the medical bills that relate to your injury. Q. Who pays workers' compensation benefits? A. Your employer is required either to carry worker's compensation insurance, or to be self-insured. Your employer's insurer is the one responsible for making payments to you. Q. What do I do if have been injured on the job? A. Your first step should be to report your injury to your employer as soon as possible after your injury. You should be told who receives your report: your supervisor, your foreperson, or your employer's human resource office. Although the law calls for written notification, as a practical matter, usually a verbal report is all you need to make, and the report does not have to be followed up in writing. Notification must be given within thirty days so if you have any questions about whether your employer is taking the appropriate measures or whether an exception applies, consult a lawyer immediately. If you are in need of medical care or treatment, you should see a doctor of your choice as soon as possible, advising the doctor that you have a job-related condition or injury. Q. Who chooses the doctor that I see? A. In the vast majority of cases, you, the injured worker, have complete choice to see any doctor you wish to. In fact, unless you sign a waiver giving up this right, the employer is not even supposed to recommend a doctor to you in most instances. Q. Are workers' compensation benefits taxed in New York? A. No Q. My employer and I disagree about my worker's compensation benefits. What can I do? A. The workers' compensation laws provide an opportunity for a hearing if you and your employer, or your employer's insurer can't resolve a dispute. While it is not required, it is a good idea to be represented by an attorney at this hearing. Q. I was injured on the job, but the injury was caused by someone with no connection to my employer. What are my rights? A. You may still have the right to receive workers' compensation benefits. In addition, you may be able to bring a separate lawsuit against the party who caused your injuries. It is important to consult with an attorney with experience in this area of the law, to learn exactly what your rights are in this situation. Free Consultations — Call 212-964-9292 Today Call or contact us in New York City for a free consultation with one of our lawyers. Our offices are comfortable, friendly and conveniently located across the street from the Federal Plaza in downtown Manhattan. We look forward to helping you recover. |
