Workers’ compensation helps protect both employers and employees. New York state statutes make businesses responsible for carrying workers’ compensation coverage. Businesses derive protection through indemnification. They do not need to worry about workers suing the business directly due to an illness or injury in most cases.
Employees benefit from workers’ compensation because they have access to medical coverage and disability benefits without needing to navigate the legal system. Some people wrongfully assume that they are not in a position to file a workers’ compensation claim.
They may end up using paid leave and health insurance benefits instead of seeking workers’ compensation. Who might be eligible for workers’ compensation benefits?
Most employees are eligible
New York’s workers’ compensation program requires that most businesses with direct-hire employees carry workers’ compensation coverage. Benefits are available from the very first day that a professional is on the job.
Their work history does not dictate their eligibility for benefits. Professionals do not need to be full-time employees to file a workers’ compensation claim. They do not need to have a minimum number of shifts or hours of work to qualify.
Injuries and illnesses can qualify
Many professionals recognize that workers’ compensation can help them if they get hurt in an incident on the job. However, workers’ compensation also applies to cumulative trauma and work-acquired medical conditions.
Firefighters diagnosed with cancer, for example, might be able to show that chemical exposure on the job caused their illness. Those with repetitive strain injuries caused by their job functions could also be eligible for benefits.
An applicant does not need an incident report showing that they got hurt on the job. What they truly require is medical evidence connecting their diagnosis to their employment. Even those with pre-existing medical conditions that worsen due to employment could be eligible.
Fault is generally not a factor
Employees can make mistakes due to distraction or fatigue that lead to serious injuries. Those who feel guilty about contributing to an incident might convince themselves they are not eligible for benefits.
However, workers’ compensation is a no-fault insurance program. It does not matter who is at fault in most cases. Employer fault is not necessary for a worker to be eligible for benefits. Businesses usually cannot blame workers for their injuries as a means of avoiding culpability either.
Those unsure of whether they might qualify for workers’ compensation benefits may need to discuss the matter with a lawyer. Reviewing medical records and employment demands can help professionals determine and manage the claims process.