Tag: Workers Compensation Law FAQ

Workers Compensation Law FAQ

If you’ve been injured at work, it’s likely many questions are running through your mind right now. Especially if a work-related injury has prevented you from working and earning, there’s a good chance you’re worried about what’s going to happen next. Use this article to answer the questions you may have about workers’ compensation claims. And when it’s time to file a claim, reach out to our workers’ compensation lawyers.

Call 1-800-HURT-511 when you need to speak to a workers comp lawyer at the Sanders Law Firm. We have been representing injured workers in Queens, Brooklyn, the Bronx, and NYC for over a decade, and we’ll help you navigate the workers’ compensation claim process so you get the compensation you’re owed.

What Is Workers’ Compensation?

Workers’ compensation insurance is a type of insurance that a business will get to prevent its employees from filing lawsuits based on work-related injuries and illnesses. An employee who’s injured as a result of their work will be compensated through their employer’s workers’ compensation insurance, if their claim is approved, and the employer will avoid all the costs associated with a lawsuit.

Are Businesses Required To Have Workers’ Compensation Insurance?

Different rules apply in different states. New York businesses are required to have workers’ compensation insurance, though there are exceptions.

What Is Workers’ Compensation Used To Cover?

Workers’ compensation is used to cover expenses associated with a work-related injury or illness. These expenses can be medical bills, lost wages, and long-term medical care. If an individual died as a result of a work-related injury or illness, their family can recover their workers’ compensation to cover funeral costs and other expenses.

Which Injuries Are Not Covered By Workers’ Compensation?

Every injury that happens on the job is not covered by Worker’s Compensation. State laws and other regulations determine which injuries are covered by workers’ comp and which aren’t. Most workers’ comp insurance plans do not cover the injuries described below

• If an employee was injured during a fight with another employee.
• If an employee is injured because they are under the influence of drugs or alcohol.
• If an employee is injured in the course of breaking company policies and/or the law.
• If an employee claims emotional injury but there’s no physical injury, it’s likely insurance won’t cover this.

Wondering whether or not an injury you sustained at work is covered by workers’ compensation insurance? Reach out to our workers comp lawyers in Brooklyn. They’ll know right away if your injury is covered by workers’ compensation or not.

Do Employees Pay For Workers’ Compensation Benefits?

No, employees do not pay for workers’ compensation insurance. The employer is solely responsible for covering the cost of workers’ compensation insurance. A lot of factors determine the cost of workers’ compensation insurance, including:

• State laws
• The size of a business
• How many employees an employer has
• How dangerous the work is

What Should An Employee Do If They Get Hurt On The Job?

When an employee gets injured at work, the first thing they should do—if they’re physically able to—is notify their employer that the injury occurred. They should make a formal, detailed report in writing, but an employee who needs immediate medical attention will not be expected to file a report immediately.

Each state has different reporting requirements, but every state encourages injured employees to file for workers’ compensation as soon as possible. Individuals with work-related illnesses should file once a diagnosis has been given.

In New York, an injured employee has 30 days to report a work-related injury once an injury has occurred. If a work-related injury did not present immediately, an employee will have two years to file a workers’ compensation claim.

How Is A Workers’ Compensation Claim Supposed To Be Filed?

Employers are responsible for filing their employees’ workers’ compensation claims. An employer must also make sure their employee gets proper medical attention when an injury occurs. Even if the injury does not necessitate an immediate trip to the emergency room, an employer must still make sure their employee gets medical treatment if they’re hurt while on the job.

Furthermore, an employer will need certain pieces of information before they can file a claim, including:

• Company information
• Policy information
• Information from the injured employee
• An accurate account of what happened

Once an employer has everything they need to file a claim, they must file immediately, as they may be penalized for delaying filing.

How Often Do Workers’ Comp Claims Go To Trial?

Approximately 5% of workers’ compensation claims end up in court. An injured employee may take a claim to court if they believe they weren’t awarded an adequate compensation amount. Also, a claim can be taken to court if it was denied by the insurance provider.

How Often Do Workers’ Compensation Claims Get Rejected?

A lot of workers’ comp claims get denied, and some estimates have found that as many as 25% of claims get rejected immediately. A lot of factors can cause a workers’ comp insurance provider to reject a claim.

For example, if an injured employee did not get medical care at a specific doctor, this may prevent them from receiving compensation. Similarly, if an injured employee has a preexisting condition at the time the injury occurs, an insurance provider may argue that the injury was not related to work and instead related to the preexisting condition.

How Big Are Workers’ Compensation Awards?

A variety of factors determine how much compensation an injured employee will receive from their claim. On average, injured employees received $20,000, though an employee can get anywhere from $2,000 to $40,000. Generally speaking, the more severe and debilitating the injury, the higher the compensation amount.

Is Hiring A Workers’ Compensation Lawyer Worth It?

There are many reasons why it’s smart to hire a workers comp lawyer. A workers comp lawyer will make sure your claim is filed properly, and they’ll also deal with the insurance company on your behalf if things get complicated. And if your claim gets denied and ends up in court, a workers comp lawyer will steadfastly defend your interests in court.

Call us at 1-800-HURT-511 to speak with our work comp lawyers. We’ll represent you whether you’re in Queens, NYC, Brooklyn, or the Bronx. We’ve been representing injured workers for years, and protecting the rights of workers is incredibly important to us.