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Suffering a workplace injury can have serious repercussions, both physically and financially. Injured workers often face lengthy and arduous recoveries, during which time they are unable to provide for themselves and their families the same way that they could before their accident. Workers’ compensation provides a lifeline in times like these, and our Ronkonkoma workers’ compensation attorneys can help injured workers take advantage of it.
Who Is Eligible for Workers’ Compensation?
The vast majority of workers in Ronkonkoma and throughout New York are eligible for workers’ compensation benefits, as New York state workers’ compensation law requires most for-profit businesses and other employers to carry workers’ compensation insurance for their employees. Those policies typically cover:
- Full-time, part-time, temporary, seasonal, borrowed, casual, and unpaid employees
- Farm laborers
- Domestic workers
- Employees of the State of New York
- Certain municipal employees
However, there are a few major exceptions to workers’ compensation coverage. Workers who are not required to be covered by workers’ compensation insurance include:
- Volunteers
- Independent contractors
- Sole proprietors with no employees
- Partnerships, LLCs, and LLPs with no employees
- Priests and other members of the clergy
- Certain workers in New York City, including public school teachers, police officers, fire fighters, and sanitation workers
- People employed as teachers at religious, charitable, or educational organizations
If you have questions about whether you qualify (or should qualify) for workers’ compensation benefits, please contact a Ronkonkoma workers’ compensation attorney.
What Counts as a “Workplace Injury”?
Workers’ compensation benefits are available only for workplace injuries. But what counts as a workplace injury is somewhat of a gray area. Generally, a workplace injury is one that arises out of or in connection with the employee’s work duties. So, for example, an injury to a flight attendant caused by falling luggage would almost certainly be considered work-related. On the other hand, injuries suffered while commuting to or from work generally are not considered work-related unless an exception applies. Our Ronkonkoma workers’ compensation attorneys can walk through these rules and their exceptions with you.
What Kinds of Benefits Are Available?
There are three different types of workers’ compensation benefits: medical benefits, lost wage benefits, and survivor benefits.
Medical benefits pay for the full cost of necessary medical treatment for a worker’s injuries. That includes emergency medical services, surgeries, doctors’ visits and follow-ups, tests and x-rays, prescription drugs, and medical devices (such as wheelchairs), among other medical services. While workers’ compensation covers the full cost of these treatments, injured workers are required to undergo treatment by doctors who are authorized providers by the New York State Workers’ Compensation Board.
Lost wage benefits, also known as “cash benefits,” replace a portion of injured workers’ wages while they recuperate. The exact amount of lost wage benefits varies according to how much the worker earned and the extent of their injuries. However, lost wage benefits generally are equal to two-thirds of the worker’s average weekly wage multiplied by the percent of their disability. For example, a worker whose average weekly wage was $750 before their accident and who is 50% disabled would receive about $250 a week in lost wage benefits.
Finally, survivor benefits are paid to a worker’s surviving spouse and dependents in the event that they do not survive their injuries. A deceased worker’s spouse and dependents are entitled to two-thirds of the decedent’s average weekly wage for the 52 weeks preceding the accident. Survivors in Ronkonkoma are also entitled to up to $12,500 in funeral expenses.
How Can I Avoid Jeopardizing My Claim?
The workers’ compensation claims process can be difficult to navigate for the uninitiated, which can result in costly errors that can jeopardize your claim. You can avoid inadvertently harming your chances of receiving benefits by keeping the following tips in mind:
- Report your injury promptly. The maximum time to inform your supervisor of your injuries is 30 days, while the time limit to file a claim with the Workers’ Compensation Board is two years.
- Follow your doctor’s orders. Failing to stick to your treatment plan can worsen your injuries, which in turn can lead to a denied claim or reduced settlement offer.
- Tell the truth. Do not lie or exaggerate the extent of your injuries. This can lead to allegations of workers’ compensation fraud.
- Answer only what is asked. Do not volunteer information when under questioning by doctors or insurance adjusters, as you could inadvertently harm your case. Answer what is asked truthfully, but only what is asked.
- Exercise caution when using social media. Do not post status updates or photos that could give the impression that you are being untruthful. For example, posting a photo of yourself on a hiking trip after you have suffered a broken leg can indicate that you are lying about your injury, even if the photo was taken long before the injury occurred.
Contact our Ronkonkoma workers’ compensation attorneys for more tips on how to maximize your workers’ compensation settlement.
Can I Sue My Employer for My Injuries?
It’s natural to want to pursue legal action against your employer after a workplace accident, especially if you feel that the accident was your employer’s fault. Workers who are eligible for workers’ compensation may not pursue civil actions against their employers except in rare circumstances. However, if a third party was responsible for your accident — for example, a careless contractor, an at-fault driver, or the manufacturer of defective equipment — you may pursue third-party claims against them. But keep in mind that, unlike with workers’ compensation claims, you will have to prove negligence to be able to recover damages.
Get Back on Your Feet With Help From Our Ronkonkoma Workers’ Compensation Attorneys
A workplace accident may have dealt you a setback, but there are resources available to help you get back on your feet. For more information about pursuing a workers’ compensation claim, please contact the Ronkonkoma workers’ compensation attorneys at Turley, Redmond & Rosasco by using our online form or calling 631-582-3700.
