If you have been injured on the job in New York State, you could be eligible for workers’ comp. Workers’ compensation reimburses lost wages, medical expenses, and future earning capacity for injuries suffered at the workplace. However, it’s not always that simple. You will need an experienced Buffalo workers’ comp attorney to help you deal with insurance companies and third parties who may want to dispute your claim. Here is what you should know.
Workers’ Comp in New York State
Workers’ comp refers to insurance that pays for lost wages and medical bills of employees who are hurt or become sick because of their job. Practically all New York employers are required to carry workers’ comp insurance.
When an employee is injured, he or she can file a workers’ comp claim. Assuming the case meets certain basic requirements, the employee will receive weekly cash benefits and payment of medical bills, regardless of who was at fault for the injury. This means an employee who was directly responsible for his or her own injury can still receive workers’ compensation benefits. However, in most cases the employee cannot sue his or her employer even if the employer may have been directly responsible for the injuries. There are a few exceptions to this limitation.
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Workers’ Comp in New York State
In order to recover workers’ comp, you must have been accidentally injured while on the job, working as an employee. Additionally, your injuries must be related to the job. For instance, if you’re a professional painter and hurt your back while painting a customer’s house, that’s probably covered. But you’re probably not covered if you were injured when a drunk driver ran off the road and hit you during a painting job.
Even if you meet the requirements, you could still be ineligible to receive workers’ comp benefits if you were under the influence of drugs or alcohol at the time of the injury or you were acting inappropriately on the job, – for example, horseplay, or knowingly and intentionally misusing equipment.
Contact Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., online or call to arrange your initial consultation with one of our Buffalo workers’ compensation lawyers. We welcome the opportunity to represent you.