Financial Recovery for Injured New York Workers
Employees who are hurt in a workplace accident or develop an occupational illness during the course of employment are generally entitled to workers’ compensation benefits. While workers’ comp provides basic benefits (see below), it does not fully reimburse the injured worker for all of his or her financial costs and losses.
Depending upon the nature of the accident that caused your injury, you may be able to bring a lawsuit for recovery of losses not covered by workers’ compensation. This is called a third-party lawsuit.
For more than 25 years, the workplace accident attorneys at Powers & Santola, LLP., have been helping injured workers achieve full compensation. We represent construction workers, plumbers, electricians, road crews, truck drivers, utility workers, warehouse workers, day laborers and all other types of workers who have been hurt on the job.
If you have questions about whether your case qualifies for a third-party claim, or you feel you have been treated unfairly by the New York workers’ comp system, contact our upstate New York law firm to schedule a free initial consultation with one of our Albany attorneys. Call 518-465-5995/315-308-1020 to find out more.
If you were injured on the job, you must give your employer a written report of the accident within 30 days of the injury. While there are some exceptions to this requirement, it is generally true that if you fail to report your injury, you will be disqualified from seeking workers’ compensation.
What Is Workers’ Compensation?
Workers’ compensation is a no-fault system. Workers are entitled to compensation for injuries they suffer related to their job regardless of whether they were at fault or the employer was at fault in causing the injuries. Employers must purchase workers’ compensation insurance coverage. It is compulsory. Because employers have provided this insurance to workers, employers are, by law, immune from lawsuits by employees if the workers’ compensation insurance is in effect.
(If the employers do not have workers’ compensation insurance or have let their insurance lapse, they can be sued by injured employees.)
What Benefits Can a Worker Receive From Workers’ Compensation?
The primary benefits of workers’ compensation are wage reimbursement, medical expenses and death benefits.