In cases where a serious injury occurs due to a work-related accident, it is common for employees to wonder if they will receive workers’ compensation. In many cases, the answer to that question is “yes.” However, there are exceptions.
Why might you not receive workers’ comp?
If you have suffered an injury on the job, several issues could exist that limit or erase the possibility of receiving workers’ comp benefits. These issues include:
- Your employer is not required to have workers’ comp insurance coverage under New York law.
- Your employer thinks your injury was caused by a pre-existing medical condition.
- Your employer does not believe that the injury occurred during your work hours
- Your employer thinks you intentionally injured yourself or that the injury was caused by drug and/or alcohol intoxication.
In some cases, an employer or insurance company may deny a workers’ comp claim even though your situation warrants coverage. If this happens, you may need to contact an experienced workers’ comp attorney to pursue the benefits you deserve.
What benefits could you receive?
If you do qualify for workers’ comp benefits, you may receive a portion of the income you would typically receive if you were able to work. Also, medical treatment related to the injury will be paid by the compensation insurance company.
Of course, each situation is different, and the compensation for your case will depend on the exact circumstances of the accident, injuries and type of work. If you have questions, contact an experienced workers’ comp attorney.