If you were hurt on the job, you may wonder, “What is workers’ comp?” Workers’ compensation is a type of insurance thatpays out cash benefits and covers medical care for employees who were injured on the job. If you developed a work-related illness—such as cancer after toxic chemical exposure—you also qualify.
Workers’ comp is complicated and can be difficult to understand. You may not know if you’re eligible, how the workers’ comp process works, or who you can turn to for help.
The law extends coverage to almost every employee in the state, including undocumented workers. The NY Workers’ Compensation Board (WCB) defines an “employee” as anyone “who performs under the supervision, direction, and control of an employer either on or off their premises.”
For the purposes of workers’ comp coverage, an individual is an employee if they:
You may not even be aware of your workers’ comp coverage until you are hurt or become sick. Your employer provides coverage at no cost to you, so you don’t see any premium deductions on your paycheck.
The process for filing a workers’ comp claim looks a little different depending on if you are injured or if you develop a work-related illness.
Perhaps you are a corrections officer who has been injured by an inmate or developed a repetitive motion injury such as carpal tunnel syndrome, or perhaps you slipped and fell at work or were injured while working on a construction site. Your injury entitles you to medical treatment covered by your employer.
An occupational disease is any illness or health condition you develop because of your job. Examples include cancer, post-traumatic stress disorder, and hearing loss.
At any point in the claims process, you can consult with a New York workers’ comp attorney.
A workers’ compensation lawyer helps injured employees pursue their benefits. You should speak with a workers’ comp attorney if:
A workers’ comp lawyer can advise you of your rights. They can help prevent you from being taken advantage of by your employer and the insurance company.
According to the NY Workers’ Compensation Board, you lose your right to receive workers’ comp benefits if:
Some dishonest employers and insurers may try to falsely use these reasons to deny your claim. If you were told that your claim was denied for any of these reasons and there is more to the story, consult with a skilled workers’ comp attorney as soon as possible.
You have certain rights after you file a workers’ comp claim.
If your rights have been violated after filing a workers’ comp claim, reach out to an experienced attorney for help immediately.
Don’t let your employer or their insurance company take advantage of you. Contact us today for a free consultation to get answers to your workers’ comp questions and to preserve your legal rights.