Workplace Injuries
Albany Work Injury Lawyers
Workers who are injured in the course of employment are entitled to workers' compensation. However, workers' comp does not fully reimburse all losses. In many instances, an injured worker may also bring a suit for the recovery of any remaining losses through a third-party lawsuit.
At Powers & Santola, LLP, our Albany work injury attorneys have been handling workman's compensation and third-party lawsuits since 1987. We have the resources, knowledge and experience you need to effectively and efficiently handle your claim. Contact our New York law firm today to learn more in a free initial consultation. You can also visit our Construction Accidents website for further information.
What Is Workers' Compensation?
Workers' compensation came about as a compromise of competing interests between workers and their employers. Employers are given immunity from lawsuits by employees provided there is a workers' compensation insurance policy in place.
Workers' comp is a compulsory program; employers must provide it to their employees. In exchange, the worker is entitled to benefits without regard to fault.
To obtain these benefits, the worker must give the employer a written report of the accident within 30 days. There are some exceptions to this requirement.
What Are the Benefits?
The primary benefits paid out by workers' comp are:
- Wage reimbursement: For an injury that is classified as total disability, the lost wages rate is two-thirds (66.66 percent) of the average weekly wage. If the injury is classified as a partial disability, there will be reductions to that coverage.
- Medical expenses: 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: These 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), if there is a loss of hearing or vision, or if the injury results in a facial scar, the worker may be entitled to a predetermined, scheduled amount, whether or not there is lost time from work.
Third-Party Lawsuits
When a worker is injured through the fault of someone other than an employer or co-employee, New York's workers' compensation laws allow the worker to bring a personal injury lawsuit against the wrongdoer. The advantage of bringing such a suit is that there is no cap on the amount recovered for lost wages; the full sum of all wages and fringe benefits is recoverable. Also, all other losses not covered by workers' comp, including pain and suffering, disability, and loss of quality/enjoyment of life are recoverable in this type of lawsuit.
If there is a recovery, the worker must reimburse his or her workers' compensation policy the amount paid minus its share of fees and expenses from the proceeds recovered. The net effect is to make the worker eligible for benefits without any risk or penalty for bringing a third-party lawsuit.
Contact a Syracuse Work Accident Attorney Today
To learn more about coverage of work injury losses, contact our New York personal injury lawyers online or call us toll free at 866-689-9692.
