Work Place Injuries
Workers who are injured in the course of employment are entitled to Worker's Compensation. Compensation does not fully reimburse all losses. However, in many instances a worker may also bring a suit for the recovery of all losses not covered by Compensation. These are called THIRD PARTY LAW SUITS.
What is Worker's Compensation?
Worker's Compensation came about as a compromise of competing interest between workers and their employers. Employers are given immunity from law suits by employees provided there is Worker's Compensation Insurance in effect. It is a compulsory program. Employers must purchase Compensation coverage. In exchange the worker is entitled to Compensation without regard to fault. It is a no-fault system.
What are the Benefits?
The primary benefits are wage reimbursement, medical expenses and death benefits. For an injury that is classified as total disability, the lost wages rate is 2/3 (66.66%) of the average weekly wage. There is a maximum amount (a cap) of $550 per week, currently. This cap will go up to $600 after 7/1/09 and after 7/1/10 it will be 2/3 of the worker's average weekly wage. If the injury is classified as a partial disability, there will be additional reductions.
There is full reimbursement for all medical expenses directly related to the injury, provided the worker is treated by a pre-approved provider.
Death Benefits are paid to surviving spouses, minor children and sometimes to other family members.
To a limited extent, if there is an injury to an extremity (arm, leg, fingers ,toe) or if there is a loss of hearing or vision or a facial scar, the worker may be entitled to a predetermined, scheduled, amount whether or not there is lost time from work.
Notice
The worker must give the employer a written report of the accident within 30 days. There are some exceptions to this requirement.
Third Party Law Suits
When a worker is injured through the fault of someone other than an employer or co-employee, New York Worker's Compensation law allows the worker to bring a personal injury law suit against the wrongdoer in addition to receiving Compensation benefits. The advantage of bring a law suit is that there is no cap on the amount recovered for lost wages. The full sum of all wages and fringe benefits are recoverable. All other losses not covered by Compensation, such as pain and suffering, disability and loss of quality/enjoyment of life are recoverable in the lawsuit. Because the worker is allowed to collect from the wrongdoer all losses, including those already paid by Compensation, the worker must reimburse Compensation the amount paid minus its share of fees and expenses from the proceeds recovered, but only if there is a recovery. The net effect is to make the worker eligible for Compensation benefits without any risk or penalty for bringing a third party law suit.
