workers' compensation

Unfortunately, regardless of a person’s occupation, there is the potential that they may be injured or become ill while on the job. When someone is injured while they are working or develops a disease due to their specific occupation, they may be eligible for workers’ compensation benefits. Certain illnesses or injuries could prevent a person from working or earning a living. However, individuals may qualify for this type of insurance coverage which could provide them with cash benefits. If you have sustained a workplace injury or have recently discovered an occupational disease, contact one of our trusted and compassionate Westchester County Workers’ Compensation Attorneys who can help you prove you qualify for workers’ compensation benefits.

What is workers’ compensation?

Workers’ compensation is a special form of insurance coverage that employers must carry for their employees. Employers are solely responsible for carrying this type of insurance coverage. Employees do not contribute anything towards it. Essentially, this type of insurance can provide benefits for employees who suffer workplace injuries or illnesses. This type of insurance coverage may provide benefits for medical care , wage replacement, and disability. In New York, even if an employer has one employee, they must carry workers’ compensation insurance. If an employee is injured they should call 911 and seek medical treatment. Additionally, workers must notify their employer of their injury. The injured worker should notify their employers within 30 days of the injury. Employers then must report their employees’ injury to their insurance company. If possible, workers should try to document the accident that caused their injuries. They should try to take photographs or the scene as well as gather any witnesses contact information. It is important for individuals who sustain a workplace injury or become ill due to their occupation to file a claim to receive workers’ compensation benefits.

Are there any exceptions?

In New York, certain employers are exempt from having to carry workers’ compensation. Sole proprietors are not required to purchase worker’s compensation, however, they can cover themselves if they desire. Additionally, non-profit organizations where workers work for no pay are exempt. In certain cases farmers and members of religious orders are also exempt from having to purchase this type of insurance coverage.

Does workers’ compensation include occupational diseases?

Workers’ compensation insurance coverage can provide benefits to those who have been diagnosed with an illness or disease that was directly inflicted by their job. However, only eligible individuals can qualify for these types of benefits. Essentially, this means workers who suffer an occupational disease must prove that their condition stemmed from their specific occupation. Some examples of occupational diseases include:

  • Chronic Obstructive Pulmonary Disease (COPD)
  • Hypersensitivity pneumonitis
  • Lung disease
  • Carpal tunnel syndrome
  • Mesothelioma
  • And any other medical conditions that were directly caused by a particular occupation or industry

If you have suffered a workplace injury or an occupational disease, please don’t hesitate to get in touch with one of our skilled and determined team members who can help you prove you qualify for workers’ compensation benefits. Allow our firm to fight on your behalf today.