When an employee is injured at work, their employer becomes liable under the New York Workers’ Compensation Act to pay disability or indemnity benefits and medical expenses. When that work injury is caused by the negligence of some third-party, for example the manufacturer of a defective product used in the workplace or the at fault driver in a motor vehicle crash, the employer’s insurance company has a right of subrogation if the employee pursues a claim against the negligent third-party. The term “subrogation” simply means that the employer has a right to get paid back a portion of the disability and medical payments they paid to the injured employee from any recovery the employee makes against that third party.
At the time of any third-party recovery, the injured employee must reimburse the employer’s Workers’ Compensation insurance carrier a portion of any disability benefits and medical expenses the carrier has previously been paid up to the date of the third-party recovery. Previously, Workers’ Compensation carriers would also assert a right to offset the amount they paid out in future Workers’ Compensation benefits for both disability benefits and medical expenses until such time as their subrogation right as to the total third-party settlement had been exhausted. Typically, this meant that the Workers’ Compensation carrier only paid 1/3 of the amount of benefits due going forward, leaving the remaining 2/3 to be paid by the employee.
After a workplace injury, consulting with a work comp attorney in New York can help you get the compensation you are entitled to. The procedure for filing and interacting with insurance companies can be confusing and even stressful, but an attorney can help you understand the situation and your rights as an employee, confront your employers or insurance companies, and get you the compensation you deserve. Insurance companies can intimate or take advantage of injured workers, and an attorney will stand beside you to fight for your rights.
Being involved in an accident at work can be stressful, but it doesn’t need to be. Hiring a work comp attorney in New York can help you receive the compensation you deserve without all the hassle. Having a professional work alongside you can prevent insurance companies and employers from pushing you around – and ultimately losing out on your workers’ compensation. If you have been involved in an accident at work and are struggling to file your claim, get in touch with a workers’ compensation lawyer right away. You don’t want to miss out on the compensation you deserve!
At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.
HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.
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