New York State Workers Compensation Eligibility

In the United States, workers compensation eligibility varies from jurisdiction to jurisdiction. The workers compensation law provides employees with adequate financial compensation for injuries sustained at the workplace. The usual practice is for the employer to purchase the insurance on behalf of the employees. Employees can expect to be compensated for injuries caused because of their own fault as well as the fault of others such as co-workers and customers. When a worker is injured, the claim is made to the insurer.

Safety Net

Workers compensation is a safety net to ensure that workers who are injured on the job receive financial support to meet their medical bills. They are also compensated for lost wages so that they are financially stable when they recover from their injuries. The law also protects employers and co-workers who cannot be sued for any of their errors while performing their duties.

Exclusions

Injuries caused because the worker was intoxicated or under the influence of drugs are not compensated. In some states, injuries caused during a fight started by the worker are not compensated. Other reasons for denial of compensation include injuries sustained while committing a serious crime or violating company policy. Injuries caused because of any other reason are usually compensated for.

Long-term Illnesses

Apart from short-term injuries, long-term injuries such as carpal tunnel syndrome and persistent backache are also covered by insurance companies. Even those suffering from stress-related illnesses such as heart disease and lung disease are eligible for compensation.

Pre-existing Conditions

You will be compensated for the aggravation of pre-existing conditions as well, if it can be proved that the aggravation was because of the nature of your job.

Place of Injury

You need not be injured at the workplace to receive compensation. Even injuries sustained while travelling for work are covered under this law.

Benefits

Apart from medical expenses and lost wages, you might also be eligible for rehabilitation expenses, that is, expenses toward training for another job. The training expenses too will be covered by the compensation from the insurance company.

Method of Claiming Compensation

If you feel that you have a right to claim compensation, the first step you need to take is report the injury to your employer. Next, fill in the claim form. This form must be provided by your employer. The employer must notify the insurance company of your claim and help you recover the compensation.

Contact a Lawyer

In the event that the employer or the insurance company is lax in making the payments due to you, you have the right to contact a lawyer who will follow up the issue on your behalf. Even if your injury is not covered by the workers compensation law, a lawyer can still try and get you some compensation. For instance, if you are an independent contractor, you might still have the right to sue the company for compensation.

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