WORKERS’ COMPENSATION LAWSUIT

New York Workers’ Compensation Overview

Nearly every employee in New York is entitled to workers’ compensation benefits  — an insurance plan that compensates injured workers no matter who was at fault — the employer, the worker or another third party. If a worker is harmed, disabled or sickened on the job or in relation to work, he or she must file a claim with the Workers’ Compensation Board (WCB) in New York.

In an ideal world, the employer would then pay for appropriate wage replacement, medical expense coverage and, if necessary, rehabilitation costs. However, unscrupulous insurers and employers may try and cut costs by claiming that the workplace injuries in question happened outside the scope of employment, or undermine the severity of the injuries. That is why you need the support and legal representation of skilled attorneys who are experienced in all workers’ compensation litigation issues, including cases involving union members and city employees. 

State law dictates that NY workers’ comp benefits apply to:

• Full and part-time employees, borrowed and leased employees, family members and volunteers employed by for-profit business.
• Public school teachers and aides (exclusive of those hired by the city), including those in NYC
• Employees of the State of New York, including various types of volunteer workers
• Domestic employees such as full-time baby sitters or companions and live-in maids who work 40 hours a week for the same employer
• Employees of municipalities engaged in work defined as “hazardous”
• Farm laborers whose employer paid at least $1,200 for labor during the previous calendar year
• Officers of 1-2 person corporations if there are other individuals in employment
• Most  nonprofit organization employees