An Overview of Workers' Compensation in New York

What workers should know about workers' compensation in New York.

2013-01-26

January 26, 2013 (Press-News.org) An overview of workers' compensation in New York

It is an unfortunate reality that work can be dangerous. Of course, some professions are more hazardous than others, but nearly every job carries some risk of injury or illness.

A work-related injury can cause major disruptions in a person's life. At a minimum, there will be medical care to pay for. In some cases, the worker will need to take time off to recover. In others, he or she may be left with long-lasting disabilities.

When work injuries or illnesses happen, it is important for workers to avail themselves of the protections offered by New York's workers' compensation law. Workers' compensation is a no-fault system, meaning that injured workers can recover benefits even if they were partially responsible for causing the accident that led to the injury.

When does workers' compensation apply?

Workers compensation benefits are available both for injuries caused by accidents and for occupational diseases. Occupational diseases are conditions that develop gradually as a result of working conditions. Common examples of occupational diseases include carpal tunnel syndrome in people who work with computers and lung disease in workers who have occupational exposure to respiratory dust. Many cancers can also be caused by exposure to hazardous substances at work.

In order to qualify for workers' compensation benefits, in most cases injured workers must show that the injury or illness arose during working hours and that it is causally related to working conditions or a on-the-job accident. Often, this can be accomplished by providing a report from the worker's treating physician.

State law limits the time workers have to make a claim, so it is a good idea to talk with an experienced New York workers' compensation attorney as soon as possible. In addition, injured workers must give notice to their employers within 30 days of a work-related accident.

What benefits are available?

Workers' compensation insurance will provide coverage for reasonable medical care arising out of a work-related illness or injury. However, the care must be provided by a doctor or chiropractor who has been coded by the New York Workers' Compensation Board.

If the worker must take time off to recover, workers' compensation will provide wage-replacement benefits up to two-thirds the worker's average weekly wage (up to a statutory maximum benefit). Workers who have to transition to a different job with lower pay may be entitled to benefits to make up the difference.

In addition, some injuries qualify for compensation even if the worker does not have to take time off. Generally, this rule applies to injuries to the extremities, facial scarring, and hearing or vision loss.

Working with an attorney

Unfortunately, it is not rare for workers' compensation insurers to deny valid claims or to cut off benefits before the worker has recovered. For this reason, it is important to work with an experienced workers' compensation attorney, especially in cases of serious injury or occupational disease. The attorney can hold the insurer accountable and help ensure that the worker's rights are well-protected.

Article provided by Erwin, McCane & Daly
Visit us at http://www.emdlaw.com

ELSE PRESS RELEASES FROM THIS DATE:

The Liability of Drivers for Pedestrian Injuries in Pennsylvania

2013-01-26

The liability of drivers for pedestrian injuries in Pennsylvania Two recent accidents in Pennsylvania highlight the often-tragic results of what happens when car meets pedestrian. Near North Belle Vernon, police are investigating an accident when a man was killed while walking along Interstate 70. Unfortunately, this tragedy was compounded when two other vehicles crashed while trying to avoid the pedestrian accident. In a separate accident, a Baden man, who was driving without insurance and with a suspended license, struck a pedestrian in Ambridge, knocking him unconscious. ...

The Possible Future of Search Warrant Detentions

2013-01-26

The possible future of search warrant detentions In July 2005, Suffolk County, New York police obtained a warrant to search the apartment of Chunon Bailey. Specifically, officers were looking for a handgun described by a confidential informant. After obtaining the warrant, surveillance officers saw Bailey and another man drive away from the apartment and began to follow them. After those officers drove off, the SWAT team executed the search warrant and entered the apartment. The officers followed Bailey for approximately one mile before pulling him over. Their only ...

Establishing a Long-term Care Plan Will Ensure Seniors Are Properly Cared for in Old Age

2013-01-26

Establishing a long-term care plan will ensure seniors are properly cared for in old age. As the number of American senior citizens continues to rise, the need for good-quality, affordable long-term care options is greater than ever. For Americans of all ages, it can be difficult to determine the best way to plan for the future and ensure you will be well taken care of in old age. Since navigating through the intricacies of Medicare and Medicaid can be complicated, it is often wise to discuss your options with a skilled elder law attorney. Establish an Effective Long-Term ...

Disability: the Other Social Security Benefit

2013-01-26

Disability: the other Social Security benefit When you hear people talking about "Social Security," you most likely think of the retirement benefits that are paid to former workers who are in their sixties. However, 36 percent of Americans who receive benefits from the Social Security Administration (SSA) are not retired workers. Disability benefits The most common non-retirement benefits administered by the SSA are disability benefits. This type of benefit provides financial assistance to people who are unable to work because of a medical condition. ...

Personal Injury in Organized Athletics: Concussions and Brain Injuries

2013-01-26

Personal injury in organized athletics: Concussions and brain injuries Concussions are mysterious injuries that can cause long term and sometimes permanent brain damage. Concussions are often described as a bruise to the brain. The "bruise" is caused when the brain hits the skull at such a force that causes brain tissue to expand and brain nerves to be cut. This often occurs when the head is directly hit but can also occur when the head is forcibly snapped back. Because the brain is so delicate and complex, the force of the hit disrupts the brains function ...

'Til Debt Do Us Part: a Primer on Joint Credit

2013-01-26

'Til debt do us part: a primer on joint credit "Joint debt." Seems like a fairly simple concept, right? Two people are named on a particular debt (typically a credit card), and they both are responsible for the debt. Right? Well, that's not always how it works. Just like there are different types of joint credit, there are different kinds of joint debt. Different types of joint credit There is a huge difference between co-signed accounts, joint accounts and having one or more authorized users on a preexisting account. What is a co-signed account? A ...

Strategies for Addressing a Car Loan When Filing for Bankruptcy

2013-01-26

Strategies for addressing a car loan when filing for bankruptcy Car loans are just one of the many things a debtor needs to deal with when filing for bankruptcy. There are several strategies to consider when seeking to discharge this type of debt in the most beneficial manner. Relinquishing your car before filing for bankruptcy One option is to relinquish your vehicle to the lender prior to filing for bankruptcy. The lender will then repossess the car and sell it. You will only be responsible for paying off any remaining balance on the loan after the car has been ...

The Spotlight is On Bookwhirl.com's RTIR Marketing Service

2013-01-26

Bookwhirl.com, one of the leaders in the self-publishing industry, has introduced another helpful service for its clients: the RTIR Marketing Service. With help from Radio-TV Interview Report (RTIR), a well-known trade publication, Bookwhirl.com aims to provide aspiring authors the opportunity to promote themselves and their works by helping them to catch the attention of radio and TV show producers across the United States and Canada. By signing up for the said service, clients will be able to avail of ad space in the famous magazine, an Email Advertisement Campaign, ...

Multifamily News Publisher Reports New Multifamily Construction Growing at a Steady Pace

2013-01-26

The editor of the Multifamily News Minutes on the Sales, Inc. website today reported new multifamily home construction is growing at a steady pace nationally. The growth numbers show good signs which correlate to the housing market activity currently taking place in Washington D.C., Houston and North Dakota. Sales, Inc. is a housing industry leader and one of the biggest apartment leasing firms in the country. The official name of the report is "Multifamily News Minutes - Jan 7, 2013 December Wrap-Up". The topics covered in the publication and multifamily ...

Prof. Ian Phillips to Speak at Orphan Drugs Research & Commercialization Conference May 8-10, Boston

2013-01-26

Professor M. Ian Phillips, Norris Life Professor and Director of the Center for Rare Disease Therapies at the Keck Graduate Institute, will present about gene and stem cell therapies at the Inaugural Orphan Drugs Research and Commercialization Conference, held May 8-10, 2013 in Boston, MA by GTC. Nearly 400 new orphan drugs have been approved for marketing since the Orphan Drug Act of 1983. Despite this, currently only 5% of the approximately 7,000 rare diseases have therapies. The advanced platforms of gene therapy and stem cell therapy, or a combination of both, offer ...

An Overview of Workers' Compensation in New York

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: