A work-related injury can cause major disruptions in ones life. It is an unfortunate reality that work can be dangerous. Although some jobs may be more hazardous than others, every job is at risk of injury or illness. Some injuries may be temporary but others can be long-lasting. This may require the injured worker to take time off to recover and file for workers compensation. The New York State Workers Compensation law is a no-fault system. This means that injured workers can receive benefits even if they were partially responsible for the accident to cause the injury. Furthermore, even if the injured worker is partially responsible for the injury, the amount that the claimant is awarded is not decreased by their carelessness. However, if the injury results solely from being intoxicated by drugs or alcohol or from the intent to injure themself or someone else, the worker loses their rights to workers’ compensation benefits.
The claim is paid by the employers insurance if the employer or the insurance carrier agrees that the injury or illness was work related. However, if the employer or insurance carrier disputes the claim, the injured worker does not receive benefits until the Workers’ Compensation Law judge determines who is right. If the verdict results in favor of the injured worker but is not receiving benefits because the employer or insurance company does not agree with the verdict, the injured worker may be eligible for disability benefits in the meantime. However, if eligible, the payments they receive from the disability program will be subtracted from future workers’ compensation benefits.
Workers compensation benefits are available both for injuries caused by accidents and illnesses, such as lung diseases for workers who are exposed to respiratory dust. Injured workers must prove that the accident or occupational disease arose during working hours in order to qualify for workers’ compensation benefits. Workers compensation also covers illnesses or injuries that are developed over a long period of time. For an example, back problems developed from repetitious movement.
Time is limited to file a workers compensation claim so give us a call as soon as possible to talk about your claim.