A How to guide on Workers Compensation Benefits in the State of New York

Work injuries are common and can happen at any moment. If you are on the job and get injured for any reason, your employer should have workers’ compensation insurance available. Workers’ compensation covers medical expenses that you might have to pay for, as well as any disability compensation from your inability to work. In most of the cases, severity of the injuries will usually determine significant changes to the victim’s life. Many of these injuries on the job can indeed be severe and permanent. Victims who suffer workplace injuries find themselves in a hole because of medical bills, debt, and a loss of ability to work. 

Workers compensation alone will not be enough to compensate a seriously injured victim. A third-party civil lawsuit is where you will be able to recover damages from those whose negligence caused your injury. Financial compensation equals to two-thirds of your average weekly wages based on your pay at the time of the accident, but it cannot exceed the New York State Maximum. You will also be compensated for reimbursements for financial expenses such as, prescriptions, or traveling to see a doctor. You can also get financial compensation for injuries to body parts like hands or legs, even if it doesn’t prevent you from working. Any necessary medical treatment from doctors and chiropractors with treatment cost covered by workers’ compensation. Many people also wonder if workers compensation benefits are taxable. This is an important question because people who are injured and cannot work, not need to worry about the idea of their compensation shrinking. 

The Importance of Having a Workers Compensation Lawyer

People assume that if they get injured at their job, they will automatically be approved for workers’ compensation benefits. That law still needs to be proven that you are eligible for benefits before you are actually awarded them. To become eligible, your injuries must be shown to be a direct result of an injury sustained while working. The complexities of a case such as this, will require the knowledge of a workers’ comp attorney. A law firm that has experience in workers comp injury cases will know what evidence is needed to pursue your claim and come out victorious. If you have received workers’ compensation, you are still able to file a lawsuit. A lawyer can be crucial in the event that your employer refuses to file a workers comp claim for you. Employers don’t want added cost for their business and many times will decline workers compensation or claim that the injury was not work related. 

To prove your case, you must work for a company that carries workers’ compensation. Second, the injury must have happened as a direct result of performing your job or while you were carrying out the job duties. Third, you must give your employer a written notice of the incident that occurred within 30 days of the accident. Lastly, you should be able to show a medical report stating that your injury was caused on the job. 

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