Workers Compensation New York

Workers compensation is the insurance which is paid by the employer to provide the cash and medical benefits to the employees who get injured while performing their duties on the work premises. All the employees are covered by the workers compensation law. This law differs from state to state.

Every employer is liable for the injury or illness which the workers face. But the condition is that the injury or illness which the worker suffers should be caused while performing their duties on the work premises. The employer is also not liable for the punitive damages.

Who are the employees according to the workers compensation law?

Part time employees, full time employees, employees on contractual basis, workers on daily wages, workers on commission, deemed workers and causal workers. All the employees performing the hazardous task are covered in the workers compensation.

Who are not covered by the workers compensation?

All those workers who work with the organization on voluntary basis, volunteers working with the non profit organizations but those performing hazardous tasks, distribute pamphlets, involved in construction, clearing the snow etc are covered in workers compensation insurance.

What are the benefits which the employee receives?

The employee receives the benefits in the form of cash, medical benefits, supplementary benefits and death benefits.

The cash benefit is given to the employee apart from the medical care if the injury or illness extends beyond fourteen days. The death benefit is extended to the family member or the spouse of the employee in case the employee dies while performing duties or due to the injury caused because of the work. The nominee or the spouse of the employee receives the compensation on weekly basis.

The compensation for temporary or total disability is determined by calculating the two third income of the worker which he receives immediately prior to the accident. Even if no claim is made on the weekly basis the employer is liable to provide the medical care to the employee if the care is required.

The claim process

The process of claim can be tedious. Most of the cases are handled by the third party insurer. In case you fail to notify or inform your employer about the injury and the claim, you loose the right for the compensation. You can claim immediately, or, within 48 hours of injury or illness, or, ten days of notification of the accident. For the detailed information it is wise to consult an expert dealing with the workers compensation cases. Free legal advises related to workers compensation are also available online. Search for the information to catch hold of the best advice.

If you are denied the claim you have the right to appeal before the judge. The process is legal and may take time to resolve.