Whether you have been injured while working at a convenience store or a construction site, you are eligible for workers’ compensation in New York State after sustaining an injury on the job. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we will make sure your employees’ rights are protected and you receive the full and fair compensation that you deserve. Contact our office today to learn more.
Workers’ Compensation in New York State | Filing a Claim
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.
Workers’ Compensation in New York State | Eligibility
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.
Workers’ Compensation in New York State | Hiring an Attorney
Our team of Buffalo Workers Compensation Lawyers help injured workers throughout Western New York obtain their rightful benefits for all types of injuries. Contact our office today to learn more information.
Out of Town Legal Resources
The other day someone called our office with a question about a workers compensation claim in Massachusetts. We practice in Western New York, but we found this personal injury attorney in Massachusetts that created a lot of valuable online resources. If you or a family member is ever injured in an accident in Massachusetts take a quick look at this personal injury attorney in Lowell, MA.