Workers’ compensation law covers employees who have an injury at work or become ill because of their work. There are positive and negative aspects of the system, which was created for the purpose of facilitating claims and reception of benefits.
Technically, an injured employee begins to receive workers’ compensation benefits if his or her injury or illness keeps him or her from working for more than seven days, as long as the employee notifies the employer within 14 days of the accident. Funds will be sent a few weeks after a claim has been made. Also, the worker only receives a percentage of his or her weekly salary, not total payment.
What type of work accidents are covered under this law?
Pain and suffering caused by your work may be covered by workers’ compensation law (physical problems of an employee).
My workers’ rights are being violated. Who should I inform? (workers’ rights)
How can I claim benefits for a work-related accident? (work accident compensation)
If I am part of a workers’ union, do I have the same workers’ rights? (workers’ rights)
- Cash benefits: These are calculated based on a mathematical formula that multiplies two-thirds of your weekly salary by the percentage of days you are disabled, to arrive at a cash payment.
- Supplemental benefits: This category only applies to workers injured before January 1, 1979.
- Medical benefits: Workers receive free medical care to treat injury or illness incurred on the job.
- Social security benefits: This applies to cases in which the injury or illness is very severe or the employee is disabled for more than 12 months due to a determinable physical or mental condition that qualifies for the benefits of social security.
- Death benefits: When a worker dies due to an injury or illness that qualifies for the benefits of workers’ compensation, his or her spouse and minor children have the right to receive two thirds of his or her average weekly salary for one year. This payment cannot exceed a weekly maximum of $844.29, as set by the state of New York.
Is it necessary to contact a lawyer to claim benefits?
The answer is no. The process is designed so that injured workers can receive workers’ compensation benefits quickly through simple procedures. Nevertheless, again and again we see workers make mistakes in the claims process, and the negative ramifications of those mistakes.
Lawyers who specialize in workers’ benefits claims know the law thoroughly: the forms that must be filled out, the steps to take, as well as the statute of limitations. The chances of getting benefits increase significantly when you engage a lawyer.
We have a team of doctors and accident lawyers who specialize in defending workers who have suffered injury or illness on the job. Our medical team makes sure the care you need is accessible to you. Our doctors will also fill out the forms required by the department of workers’ compensation.
This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.