Workers’ compensation insurance is an important consideration for employees. Employees can get injured at work, and that is something that is inevitable. No matter what they work, the risk of work-related injuries or occupational illness exists. When this happens, the employee should notify their employer, seek medical help, and file for worker’s compensation.
The New York Worker’s Compensation Board is the first state agency that works with worker’s compensation claims.
If you have a challenge getting your settlement, a New York workers’ compensation attorney will be of great help.
Who is Obligated to Have Workers’ Compensation Insurance?
If you are a business owner in New York (even with only one employee), you’re obligated to have worker’s compensation insurance. The exceptions are only for limited cases like people who don’t get paid for their work (non-profit), clergy and members of religious orders, people covered under alternative worker’s compensation systems (federal government), family members who work for an employer who’s a farmer and people who do yardwork for one-family or owner-occupied residence.
Total and Temporary Disability
If your doctor states that you’re 100% disabled on a temporary basis, your benefits will be two-thirds of your average weekly wage (but this can go up to a maximum amount). The legal maximum depends on the date of your injury. For injuries that occur between July 1, 2020, and June 30, 2021, the maximum is $966.78 per week.
There are two ways of determining the benefits for partial temporary disability:
- If your doctor assigned a temporary disability level (less than 100%) and you haven’t returned to work, you’ll collect two-thirds of your average weekly wage multiplied by your percentage of disability.
- If you’re can return to work but are earning less because of your injury, you may be able to collect two-thirds of the difference in your wages.
Steps to Take if an Employee Gets Hurt
The injured employee should immediately inform the employer of the injury. If that doesn’t happen, right ahead, the employee should notify the employer within thirty days of the injury. The employee also should seek and get medical treatment. In most cases, the employee can choose the doctor and hospital where they would get their treatment.
The exception in this rule is for emergencies when a medical provider must be authorized by the New York Worker’s Compensation Board. The employer should contact their worker’s compensation insurance carrier as soon as they get informed about the injury. Next, they should continue communication with the carrier throughout the claims process. In case the employer communicates with the employee’s health care provider, they need to do it in writing and make copies.
Where Can an Employer Get Workers’ Comp Insurance?
Employers and companies in New York can get workers’ compensation through private insurance companies. If a business isn’t able to get coverage through a private insurer, they can get coverage through the New York Insurance Department. Also, there is an option to self-insure, but this isn’t a good option for a smaller business, because it requires large amounts of money to be set aside in case an employee gets injured.
What If The Company Doesn’t Have Workers’ Compensation Insurance?
If that is the case, the company or employer will face penalties. For example, they will have to pay a penalty of $2,000 per day, including actual compensation and medical costs for the injured employee (the medical fees could be hundreds of thousands of dollars).
The employer or the company could be personally liable as a sole partner, proprietor, or corporate officer for the failure to have the mandatory worker’s compensation insurance.
They’ll have to pay their own legal representation to represent them and defend them against the worker’s compensation claim.
The employer risks being sued by the injured employee and might end up paying all wages and medical treatments to the injured employee (there is no cap in the state of New York).
Contact Our NY Workers Compensation Lawyers for a Free Consultation
If you get injured at work, you may be eligible to seek workers’ compensation claims. Some professions such as construction workers are entitled to workers’ compensation due to the high risk of the job.
Your lawyer would review your case and help you file the lawsuit. Your lost wages and medical fees should be covered by the workers’ compensation.
If you have any questions related to workers’ compensation (no matter if you’re an employee or have a business on your own), Cellino Law would gladly answer them.
Call our office and schedule your case evaluation (it’s free).