Each year, many people are either injured while working or develop medical diseases or conditions due to workplace exposures, but getting workers’ compensation can be a complex process if you’ve never navigated it before. In order to protect workers, state law requires that employers provide workers’ compensation insurance coverage.
Through this program, injured employees may receive benefits to compensate them for matters such as medical expenses, ongoing treatment costs and lost income. In order for an employee to qualify for workers’ compensation, they must have been injured while at work or while they were performing the duties of their job. Also note that if a worker is compensated through this insurance, the employee is not eligible to file a lawsuit against their employer. This guide will step you through qualifications for workers’ comp, what is covered under this insurance, and how to file.
Workers’ compensation covers employees, including those who are seasonal or temporary. The program does not cover independent contractors. If you are a temporary worker, whether or not you are covered through workers’ compensation depends on whether you are treated as a contractor or as an employee. Sales personnel may also be treated as either employees or independent contractors.
In general, if your employer withholds taxes from your paychecks, they are treating you as an employee. If you believe you are being unfairly treated as an independent contractor so that your employer can avoid providing you with workers’ compensation coverage, you may want to consult workers’ comp attorneys to help you sift through the legalities.
Employees who hurt themselves while fighting or intoxicated have often been rejected to receive such compensation. If the injuries are a result of an employee’s misconduct, this will disqualify employees from eligibility to file for workers’ compensation. Examples of these are self-inflicted pain, injuries resulting from a brawl, or the result of using non-prescription or illegal drugs. Naturally, a lawsuit cannot be filed against the employer.
This is due to workers’ compensation laws that effectively remedy injured employees. If the Repetitive Motion Injuries workers sustain is, in fact, related to the physical activity demanded by the job, workers may have the following benefits: weekly compensation benefits, permanent impairment benefits, payment of medical treatment, and vocational rehabilitation.
But, in order for occupational illnesses or disease to be compensated, it should be recognized as an industrial injury. One is if the disease and the exposure that has caused it are included on the occupational disease list. Second, is that if the disease cannot be found on the said list, it can still be possibly recognized. That is if the Occupational Diseases Committee, in their recommendation, state that it is likely, beyond reasonable doubt, that the disease was caused by environmental hazards and other factors in the workplace.
Emotional or mental stress-related injuries are now recognized by the courts to be covered by workers’ compensation insurance. Job-related stress has now been acknowledged as one of the major causes of injuries, which can lead to multiple conditions such as heart disease and cancers. Mental or emotional stress-related injuries are more difficult to prove and laws about what qualifies as “stress” differ by state. It is difficult to prove mental or emotional stress as a result of a job rather than as a result of personal stress, which could explain why these are some of the less common workers’ comp requests.
Workers’ compensation is designed to help provide for workers who are injured or who become ill due to their jobs. Even if the employee is at fault, they are still eligible for benefits if the injury or illness is related to their work. In some cases, an employer or their insurance carrier may try to dispute or deny a claim for workers’ compensation benefits.
Injured or ill workers may want to consult with a workers’ compensation attorney for help. An attorney may be able to assist their clients with properly submitting their claims. They may also help to gather the necessary documentation to support their benefits application. With workers’ compensation benefits, you may receive the compensation for your medical and treatment expenses as well as a monthly amount to replace your former income if you are left disabled.
If you suspect that you or someone you know may have been exposed to silica and its harmful effects, contact HURT-511 for more information on workers’ comp statute and 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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