In a Worker’s Compensation claim, no one party is determined to be at fault. The amount of benefits that a claimant receives is not decreased by his/her carelessness or negligence. Nor is the amount increase by an employer’s fault. However, a worker loses their right to Worker’s Compensation if the injury results solely from intoxication from alcohol or drugs, or from intent to injury oneself or someone else.
Workers’ Compensation is insurance that provides partial wage replacement and medical benefits for workers who are injured or become ill as a direct result of work activity, provided the injury occurred during working hours. Workers are entitled to medical benefits and possible monetary compensation even if there is no loss of time from work. New York State Law requires that employers pay for this insurance and do not require employees to contribute to the cost of this benefit.
All Workers’ Compensation benefits are tax-free. Currently, the maximum rate of Workers’ Compensation benefits payable under the law is $739.83. Workers’ Compensation does not pay for pain or suffering. The only compensation a claimant receives is partial wage replacement. Workers’ Compensation Insurance also pays medical bills associated with a work-related accident, subject to limits set by the Worker’s Compensation Law
The Worker Compensation Board is a state agency that receives and processes the Workers’ Compensation claim for benefits. The Worker’s Compensation Board does not pay benefits; the employer’s Workers’ Compensation Insurance Company does. The employers' Workers’ Compensation Insurance Company is a workers adversary and any direct contact workers have with them MAY be used against the worker. That is one of the reasons it is so important for workers to have legal representation when they make a Workers’ compensation claim.
Recently, New York State dramatically altered the Workers’ Compensation Law. Permanent disabilities in many instances are capped and are only payable over pre-determined periods of time. It is very important that workers consult with an attorney after every work injury or incident or job-related re-occurrence of an older injury.
To speak with an experienced New York workers compensation lawyer, pelase contact Rubenstein & Rynecki at (718) 522-1020.