Workers’ compensation is a system of rules giving workers the right to receive benefits if they get harmed in the workplace. In return for the benefits, workers give up the right to file a negligence case against their employers. If you get hurt on the job, a personal injury attorney will answer common questions to determine if filing for workers compensation is your best course of action.

4 FAQ About Workers’ Compensation

Who is entitled to workers’ compensation?

Any worker who suffers an injury or contracts a disease while performing job-related tasks is entitled to workers’ compensation. The compensation covers occupational conditions as well as disabilities that are causally related to an injury suffered in the course of work. Certain circumstances may not be covered. Your employer generally won’t be held liable if you get into a car accident during your morning commute, but they may be held responsible if you were operating a vehicle in your company’s fleet at the time of the incident. 

What should I do if I get injured on the job?

The first thing you should do is get medical attention for your injuries, especially if they are acute. You’ll then need to notify your employer of your health status. It is then crucial to contact a workers’ compensation attorney at this time to make sure that your rights are protected throughout the ordeal.  

How much does workers’ compensation pay?

Workers’ compensation entitles an employee to two-thirds of the average weekly wage and the maximum benefit. In New York, there are limits on the total amount of compensation that a worker can receive. It may behoove you to file a lawsuit if your employer doesn’t carry workers’ compensation coverage or your injuries were caused by a third party. An attorney will brief you about weekly lost wage replacement, medical care reimbursement, and lump sum settlement.

Can I be fired for filing a workers’ compensation claim?

No. New York law states that an employee who filed for a workers’ compensation claim may not be fired or be discriminated against by their employer. However, the worker could be replaced if they cannot perform duties expected, or if the position has to be filled for qualifying reasons.  

If you’re considering filing a workers’ compensation claim, Stephen B. Kaufman will give you the right advice. With over 40 years of experience helping clients in the Bronx, NY, he’s earned a reputation as a winning personal injury and real estate attorney. To schedule a consultation, call (718) 822-0500 or make an inquiry online.