Wage Replacement
Matters
An accident can happen at any moment. In most cases, the accident occurs due to a work-related accident. According to the 2016 Bureau of Labor Statistics, over 139,000 work place injuries and illnesses were reported among New York’s private industry employers. Under New York State and in most states, your employer is required to purchase insurance to cover their employees. The insurance serves to cover a portion of your wages and cover your medical bills.
Workers’ compensation is a form of insurance. Most employers must provide this insurance for workers who become injured or become ill at work. The insurance carrier for the employer provides medical care and part of the salary that is lost as it affects the ability to work. The benefits are paid by the insurance company or by the employer itself if it is your own insurer. The benefits are paid according to the law and the workers’ compensation board guarantees that they are provided correctly.
What You
Can Do
The Workers’ Compensation Board (the “Board”) is a state agency that oversees how workers’ claims handle the claims of injured workers. A claim is paid if the insurer accepts that the injury or occupational illness is related to the work or if the Board orders them. An employer or an insurer can challenge a claim. If that happens, the Board will try to resolve the dispute within ninety-(90) days. For example, the insurer may believe that the accident did not occur at work or may claim that the insurance carrier did not cover the employer at the time of the injury. Other disputes may arise. Whatever the reason, the Board will try to resolve as soon as possible.
You do not have to spend time from your work to file a claim. You do not have to be out of work in order to receive medical treatment benefits. Claimants do not receive less if they were at fault, nor receive more if the employer is at fault. However, the worker loses the right to workers’ compensation benefits if the injury results exclusively from the use of drugs or alcohol, or the attempt to hurt someone or himself.
