What Benefits Are Available To Injured Workers In New York?

There are several different types of workers’ compensation benefits injured employees may be eligible to receive after involvement in an accident.

According to the New York State Workers' Compensation Board, workers' compensation is a type of insurance that provides cash benefits and medical care to employees who are injured performing their work-related duties. After a workplace accident occurs, injured workers are eligible to receive these benefits regardless of who was at fault for the accident, as long as they were not intoxicated by drugs or alcohol or intended to purposefully harm themselves or another person.

Available benefits

There are several different types of benefits injured workers may receive after they sustain injuries in an accident. The WCB states that these include some of the following:

  • Cash benefits-these benefits are available to employees who become totally or partially disabled in a workplace accident and are unable to work for more than seven days.
  • Supplemental benefits-only two groups of workers' compensation claimants or beneficiaries are eligible to receive these benefits. These include those who incurred an injury or disability prior to January 1, 1979 and widows or widowers who receive these benefits due to the death of their spouse prior to January 1, 1979.
  • Medical benefits-employees who are injured on the job will receive necessary medical care related to their injuries after involvement in a workplace accident. This may include X-rays, diagnostic tests and other medical tests.

The dependents or surviving spouses of employees who pass away as a result of their injuries are also eligible to receive death benefits. This type of workers' compensation may also include the payment of funeral expenses.

After an accident occurs in New York

In order for injured employees to receive workers' compensation benefits, they must follow a certain process after a workplace accident occurs. The WCB states that within 48 hours of the accident, employees must obtain needed medical treatment and tell their employer about what occurred. A formal written notice must also be given to their employer within 30 days after the accident happens.

After injured employees acquire proper medical care, their physician must complete a preliminary medical report on Form Doctor's Initial Report (C-4) and mail it to the correct district office. Within 10 days of the accident's occurrence, employers must also report what happened to their insurance company as well as the Board.

However, even if injured employees in New York and their employer follow this specific process, they may still be denied much-needed benefits. If your claim for workers' compensation benefits was denied after sustaining injuries in a workplace accident, speak with an attorney to find out what you can do to protect your rights to fair and proper compensation.

Keywords: workers' compensation, benefits, injury