If you’ve been injured on the job and you have to miss work during your recovery, you may wonder if you are eligible to collect Workers’ Compensation benefits. The legal team at Sackstein, Sackstein & Lee, LLP in New York City shares a few factors that will determine whether you qualify for compensation.
What Affects Your Eligibility for Workers’ Compensation?
1. Your Employer’s Coverage
Coverage requirements vary from state to state, but in New York, virtually all employers must have workers’ compensation insurance for their employees. Employers are required to post a notice regarding this coverage where employees can see it. If you do not see a notice, ask your supervisor.
2. Your Employment Status
To be covered by your employer’s insurance, you must be an employee; independent contractors are not eligible for coverage, and neither are volunteers in most scenarios. Unfortunately, some employers misclassify their employees as independent contractors so they can save money on benefits packages. If you’re denied workers’ compensation benefits because you were classified as an independent contractor, ask an attorney to review your employment status to confirm that it is accurate.
3. The Circumstances Surrounding Your Injuries
In general, you can expect your injuries to be covered by workers’ compensation if you sustained them while you were performing your job duties. Occupational diseases that arise gradually, like carpal tunnel syndrome, are also typically covered under workers’ compensation. If your employer challenges your claims that your injuries are work-related, an attorney can help you prove your case.
If you sustained injuries on the job in a construction accident or some other incident, the legal team at Sackstein, Sackstein & Lee, LLP will help you file a claim for workers’ compensation benefits, and they will review the facts and circumstances of your accident to determine whether or not you may also have a bodily injury claim against a 3rd party, in addition to your Workers’ Compensation claim. Visit the firm online to find the office nearest you, and call (888) 519-6400 to schedule a consultation in Flushing, Brooklyn, Garden City, or the Bronx. The attorneys can also visit you at the hospital or your house if your injuries prevent you from traveling. For more information about your worker’s rights in New York, follow Sackstein, Sackstein & Lee, LLP on Facebook and Twitter.