New York Workers Compensation Laws

New York workers compensation laws were introduced in the 1911 after the tragic Triangle Shirtwaist Factory fire, where around 150 workers lost their lives. New York thus became the first state in the United States of America to have laws that protect the rights of employees against occupational injuries, accidents, and illnesses. There are provisions for monetary benefits to cover medical expenses and wage losses resulting from the disability caused by the work-related injuries or diseases. There are also provisions of death benefits in cases where an employee dies because of occupational injuries. The death benefits are paid to the surviving dependent family members of the deceased.

All Types Of Employees Are Covered

New York workers compensation laws cover all types of employees regardless of whether they are working as a part-time, fulltime or a leased worker. The laws specifically mention that teachers for public schools, County workers working under hazardous conditions, and even volunteers working for a profitable business can also qualify for occupation injury compensation benefits.

Situations When The Claims Get Rejected

The New York workers compensation laws have also specified certain conditions when the claims for occupational injury benefits get rejected straightaway. For example, if a worker gets injured while he or she was drunk or intoxicated, the worker will be solely responsible for the accident and thus the claim will also be void. Likewise, if an employee gets injured while at work intentionally so that he or she can qualify for monetary benefits, the claim will get rejected. However, employers cannot refuse to make the payments by proving that the employee was negligent or careless at work. Carelessness or negligence of employees can never be a reason for rejection thus hiring a workers comp attorney is important to see if their case really is viable. An experienced workers compensation lawyer will advocate for your rights and make sure you’ll get the compensation and benefits you’re entitled to.

Pay Period

As per New York workers compensation laws, employers or the insurance carriers must make the payments to injured workers within seven days from the date when the claim is filed and approved. If the worker does not receive any payment even after the seven days of waiting period, they must contact the human resources office or consult with a work injury attorney.

Wage Loss Benefits

An injured qualifies for wage loss benefits only if they are unable to return to work for more than seven days but less than fourteen days from the date of the accident. It means they will not receive the payment for the first seven days. But, if the disability continues for over fourteen days, the employers must make the payment right from the first day of the accident. The amount of the benefits is usually determined at two-third of the average weekly wages that the employee had been earning before the accident.

However, it is important to note that there are going to be some slight changes in the New York workers compensation laws from July, 2011. For example, the payment for the wage loss benefits will then be calculated as 2/3rd of the state’s average weekly wage.