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Workplace injuries are unexpected. Know your possible entitlements if you are hurt.
Nearly all employers in New York are required to carry workers’ compensation insurance. This applies to employers who hire employees, family members, and even volunteers. This insurance allows injured employees to file a workers’ compensation claim after a workplace accident. The workers’ compensation system in New York is no-fault, meaning employees can generally file a claim even if they caused or contributed to the accident that led to the injury. Our Niagara Falls workers’ compensation lawyer can tell you what benefits may be available and how to determine if you are eligible.
Determining Eligibility for Workers’ Compensation Benefits
Employees are eligible for workers’ compensation benefits from their first day of employment if they suffer a work-related illness or injury. To be eligible, the injury must have occurred during the course of normal employment duties. For example, if a worker was injured in a car accident on their way to work, they would likely not be eligible for benefits because driving to work is not considered part of their employment duties. On the other hand, if a worker drove a vehicle to make deliveries as part of their job and was injured in a crash, they could likely obtain benefits.
Additionally, to be eligible for benefits, workers must be classified as employees and not independent contractors. Using the above example of a car accident, if the worker were an independent contractor for a delivery service such as DoorDash, they would not be eligible for workers’ compensation benefits.
You must also notify your employer in writing within 30 days of the accident to claim benefits.
What Workers’ Compensation Benefits are Available?
Workers’ compensation is meant to help injured employees recover from work-related injuries without requiring them to prove employer negligence. Injured employees may be able to recover the following benefits:
- Medical expenses: Workers’ compensation can cover your reasonable medical expenses, such as hospital visits, prescriptions, physical therapy, and surgeries.
- Lost wages: If your injury keeps you from working, you may receive weekly payments typically equal to two-thirds of your average weekly wage, up to the state’s maximum.
- Permanent disability benefits: If your injury causes a lasting impairment that affects your ability to work, you may qualify for ongoing payments based on your level of disability.
- Death benefits: When a workplace accident is so severe that the worker does not survive it, their family members can file a claim for funeral expenses and continued support.
Our Workers’ Compensation Lawyer in Niagara Falls Can Answer Your Questions
Filing a workers’ compensation claim can be complex and challenging. Don’t risk losing the benefits you deserve. Sawers & Sackel’s Niagara Falls workers’ compensation lawyers assess your eligibility, answer your questions, and guide you through every step. Call us now at 716-321-5564 or fill out our online form to schedule your consultation and secure experienced legal help today.