New York Workers’ Compensation for "On the Job" Injuries
The law in New York, and in many states, prohibits an employee from suing either their employer or a fellow worker for any incident that may have harmed that employee during the course of his employment. The idea behind this is basically to promote harmony and efficiency in the workplace which would soon disappear if workers and employers were suing each other. To protect the harmed worker, a system of “Workers’ Compensation’ has been created.
Workers Compensation assures employees that in the event they are injured “on the job,” then they will be fairly reimbursed for both their medical expenses and for their lost wages. This is totally regardless of who, or even if anyone, was at fault for the injury. Both the medical payments and any other money award to the worker goes according to a fixed schedule. Special judges and boards decide if and how much to award.
Employers are responsible for carrying workers’ compensation insurance. A worker should realize that if an employer failed to carry workers’ compensation insurance for any reason, the workers will still be covered. The worker should report the accident to the workers compensation authorities. They will see to it that the worker is covered and deal with the employer appropriately through back charging the employer and adding possible penalties or in utilizing a special fund to cover uninsured workers.
It is to your advantage to consult with an attorney that concentrates his practice in the area of workers compensation in order to be assured that you will get the maximum benefit out of a system that can be somewhat confusing for the average person. The fee paid to a workers’ compensation attorney in New York will not come out of your pocket but will be awarded by the Workers’ Compensation Board.