Workers’ Compensation Laws in New York
People go to work every day expecting their usual routine. They do not usually think about an accident happening at work. No matter what an individual’s profession is, there is always the possibility of an accident happening while on the job. If this happens, employees should feel a sense of relief knowing workers’ compensation can help them if they become injured on the job.
If an employee is injured at work, financial compensation is available to them. Workers’ compensation is an insurance system that benefits employees who are injured or receive an occupational disease while at work. This compensation allows them to collect benefits that assist them while they cannot work. In addition, employees may have the right to other benefits such as:
- Medical care
- Supplemental benefits
- Social security benefits
- Death benefits
- Long term benefits in the event that they are no longer able to work
If an employee is injured at work, it is important to report the accident to their employer, supervisor, or personnel office immediately. They must also file a claim if they wish to receive workers’ compensation. The Workers’ Compensation insurance carrier will evaluate the claim, including an investigation and interviews. This is to determine whether or not the claim is covered under the law. It is important to know that, both parties have the right to appeal the decision if a claim is approved or denied.
Who is Responsible?
When an employee is injured at work, they may be able to hold their employer responsible. However, this can make for a hostile work environment. Instead of this, employees can receive workers’ compensation. When an employee receives workers’ compensation, they can no longer take legal action against their employer responsible for their injuries. These circumstances may change if a third party was involved in the accident.
Third Party Lawsuits
An employee cannot pursue legal action against an employer if they are receiving workers’ compensation. However, they may be able to do so against a third party. If another party is responsible for an injury, they may be held liable through a personal injury lawsuit. This can still be done while the employee collects workers’ compensation. It is important to note that if the employee wins the lawsuit and receives compensation, they may be required to pay back the workers’ compensation they received.
Contact our Firm
If you or a loved one has been injured in a construction accident and wishes to seek legal counsel, contact the Law Offices of Hausman & Pendzick today.
Hausman & Pendzick effectively represents victims of neglect in Westchester County and across the state of New York. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.