Dennis Kenny Law
Menu Contact
View Our Practice Areas

Important guidelines involving workers' compensation

Safety authorities say most workplace accidents are avoidable if prescribed safety regulations are followed. However, on-the-job injuries continue to happen, and employees are sometimes blamed for causing the accidents in which they were injured. Fortunately, the New York workers' compensation program is a no-fault system, which provides benefits regardless of who was at fault.

In exchange for this assurance, injured workers are expected to refrain from filing lawsuits against their employers. As with all legal matters, exceptions exist. Workers who can prove that intentional malice or gross negligence by their employers led to the incidents that caused their injuries might have grounds to file personal injury lawsuits in a civil court. Similarly, employers who believe that an employee was injured off-duty or that his or her willful misconduct caused the injuries may reject the benefits claim.

Reasons for rejected workers' compensation claims include proof that the injured worker was under the influence of drugs or alcohol at the time of the workplace accident. On-the-job injuries that resulted from horseplay or physical fighting may also lead to rejected claims. Claims for benefits for injuries that happened outside of working hours could be denied, but those that occurred at a company-sponsored event will qualify as job-related injuries. This will apply even if alcohol was involved at an occasion in which employee presence was mandatory.

New York workers who have questions about their eligibility to file benefits claims may get answers from an experienced workers' compensation attorney. Those whose claims were denied may also find the assistance of a lawyer to be invaluable. By following the appropriate procedures, an attorney may be able to secure all the benefits to which an injured worker is entitled.

Source: FindLaw, "Can You Still Get Workers' Comp If You Were at Fault?", Brett Snider, Accessed on Jan. 19, 2018

No Comments

Leave a comment
Comment Information

Contact Our Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Newburgh Office: Main Office
288 North Plank Road
Newburgh, NY 12550

Toll Free: 888-312-5516
Phone: 845-764-4494
Newburgh Law Office Map

Poughkeepsie Office
3344 U.S. 9, 1st Floor
Poughkeepsie, NY 12601

Toll Free: 888-312-5516
Phone: 845-764-4494
Poughkeepsie Law Office Map

Goshen Office
55 Main Street
Goshen, NY 10924

Toll Free: 888-312-5516
Phone: 845-764-4494
Goshen Law Office Map

Kingston Office
303 Clinton Avenue, 2nd Floor
Kingston, NY 12401

Toll Free: 888-312-5516
Phone: 845-764-4494
Kingston Law Office Map

Albany Office
18 Computer Drive West
Albany, NY 12208

Toll Free: 888-312-5516
Phone: 845-764-4494
Albany Law Office Map