For injuries to be covered by Workers’ Compensation in New York, they need to have occurred or worsened while you were doing something on behalf of your employer. This could include working at your regular job site, traveling to another job site, or attending a work event. Understanding the types of injuries that are covered under New York’s Workers’ Compensation laws is essential to recovering the full benefits you deserve after an injury.
In this article, we’ll cover some types of injuries that are covered under Workers’ Compensation insurance and how to correctly get your claim started. A New York Workers’ Compensation lawyer can help ensure that your legal rights are protected during the claims process.
Injuries Covered by Workers’ Compensation in New York
Specific categories of injuries covered by Workers’ Compensation in New York include:
- Injuries From Accidents: This includes injuries such as a torn rotator cuff, fracture, broken bones, back surgery, neck surgery, torn bicep, shoulder injury, and knee injuries. Some injuries from accidents will require little or no time missed from work, while others can be quite serious.
- Worsening of a Pre-Existing Condition: If you suffer an injury that worsens a pre-existing condition, such as hurting your shoulder after you’ve already been diagnosed with arthritis in your shoulder, you are still entitled to receive benefits.
- Repetitive Stress Injuries: Repetitive stress injuries, also known as repetitive strain injuries, occur when someone performs the same motion many times over an extended period of time. These injuries are covered if they can be traced back to the claimant’s employment. For example, carpal tunnel syndrome is a common repetitive stress injury among office workers who spend much of their day typing, while plumbers or carpenters often struggle with tendonitis.
Work-related illnesses are also covered by Workers’ Compensation in New York. Conditions could include:
- Occupational Diseases: An occupational disease develops because of exposure to specific workplace hazards. One example might be getting cancer from working with toxic cleaning chemicals or mesothelioma from asbestos exposure.
- Stress-Related Mental Health Conditions: New York does allow workers’ compensation claims for mental health conditions caused by work-related stress. However, these cases are difficult to prove and typically require that you experienced a traumatic event, e.g., a workplace robbery or a serious physical injury that also led to mental distress.
What Workers’ Compensation Benefits Are Available for Qualifying Injuries in New York?
The New York Workers’ Compensation Board oversees the Workers’ Compensation process. Under this guidance, Workers’ Compensation insurance provides benefits to cover:
- Medical expenses for workplace injuries and illnesses: As long as you see a doctor approved by the New York Workers’ Compensation Board, all your reasonable medical treatment should be covered.
- Lost weekly wages while you recover or if your disabling injury keeps you from returning to work: If you are partially or totally disabled for at least seven days, you may qualify for lost wage benefits. The compensation you receive is based on the average of the 52-week period prior to the date of the accident.
- Death benefits for the loved ones of a worker who passes away due to a workplace injury: Survivors are entitled to weekly cash benefits from workers’ compensation. What you can receive is based on the average 52-week wage of your loved one before the accident.
If an injury or illness occurs while in the process of completing work duties, then it is likely eligible for Workers’ Compensation benefits. In some cases, the original injury does not need to have happened at work as some pre-existing conditions that are worsened on the job are also covered.
What Should You Do If You Suffered an Injury Covered by Workers’ Compensation?
While injured workers are entitled to benefits under New York’s Workers’ Compensation laws, insurance companies may try to deny or minimize your claim. If you were injured due to your job, then there are a few key steps to follow to ensure your right to compensation benefits are protected. These steps are:
- Seek Medical Attention: Early diagnosis and treatment are essential to a healthy recovery.
- Report the Injury or Illness to Your Employer: You must report an injury or illness to your employer within 30 days. We recommend that you do so in writing, even if your employer witnessed the accident. A paper trail ensures that they cannot claim you did not report the injury in time.
- File a Claim With the New York Workers’ Compensation Board: The earlier you file, the better, as some evidence related to your claim may be time-sensitive.
- Comply With Any Investigation: You may be required to undergo an Independent Medical Examination (IME). Ensure that you do so.
- Drug or Alcohol Testing: Your employer may require you to take a drug or alcohol test after a work-related injury.
- Document Everything: Keep track of any medical bills you pay out of pocket or any other expenses related to your injury. You should also request a copy of your medical records.
Can I Afford Legal Help for My Injuries Covered by Workers’ Compensation in New York?
You can afford legal representation for your Workers’ Compensation claim in New York because we work on a contingency-fee basis. This means you pay nothing upfront, and we only get paid if we secure compensation for you. Our fees come from a portion of your financial award, making quality legal representation accessible without financial stress. Let us help protect your rights.
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How a New York Workers’ Compensation Lawyer From O’Connor Law Can Help
Although a wide range of conditions qualify for Workers’ Compensation benefits, getting access to the benefits you deserve is not always easy. Working with one of our New York Workers’ Compensation attorneys ensures that you have someone available to advocate for your interests throughout the process.
We will fight for you to receive the medical coverage, weekly wages, and other benefits that you need while you recover.
Contact our dedicated legal team at O’Connor Law today to schedule a free, no-obligation initial consultation.
