New York Work Injury and Workplace Accident Attorneys
If you suffered an accident at work, on the job injury or work-related or occupational illness, the experienced attorneys at upstate New York's Powers & Santola law firm can provide you with sound legal advice and experienced representation in seeking full compensation.
Call our offices in Albany and Syracuse toll free at 866.689.9692 for a free consultation regarding your work injury or work-related illness. You may also contact us via e-mail for answers to your important questions or to request an appointment.
Workers who are injured in the course of employment are generally entitled to worker’s compensation. Often this compensation does not fully reimburse injured workers for all losses. 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 worker's 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 totally disability, the lost wages rate is two-thirds (66.66%) of the average weekly wages. There is a maximum amount (a cap) of $500 per week, currently. This cap will go up to $550 for injuries occurring after 7/1/08, to $600 after 7/1/2009 and after 7/1/2010 it will be two-thirds of the worker’s average weekly wage. If the injury is classified 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, compensation allows the worker to bring a personal injury law suit. The advantage 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 worker's compensation, such as pain and suffering, disability and loss of the quality and enjoyment of life are recoverable in the law suit. Because the worker is allowed to collect from the wrong doer all losses, including those already paid by worker's compensation, the worker must reimburse 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 worker's compensation benefits without penalty for bringing a third party law suit.
Contact Powers & Santola today to schedule a free consultation with an experienced lawyer regarding any work accident injury, occupational illness or fatal workplace accident case in upstate New York.
To learn more about workplace injury and the law in New York, please read our road map to a safer place to work.
