Worker’s compensation is your right as an injured New York employee. If you are injured or become ill as a direct result of your job, you’re eligible to receive health care and lost wages. By law, your employer must provide these benefits to you, without making a determination of fault. You do not have to prove employer negligence to qualify for workers’ compensation. And your employer cannot deny you benefits if your own carelessness contributed to your injury or illness.
New York passed one of the nation’s first workers’ compensation laws in 1909. The law was born out of the Industrial Revolution and hailed as a great compromise between business and labor.
Under the workers' compensation system, employees give up the right to sue their employer, but receive "no-fault" medical care and disability payments. Employers agree to not invoke the traditional legal defenses of contributory negligence and/or assumption of risk, and avoid costly and time-consuming lawsuits.
Most of the time, this is a "win-win" for companies and workers. The New York State Workers' Compensation Board boasts that nine in ten injured workers receive prompt payment and timely medical care. But the system is not without issues. Some workers are unjustly denied benefits. When that happens, they may need to hire a lawyer and file an appeal.
New Yorker workers injured on the job are eligible for benefits that include:
A New York workers' compensation claims could be denied for any of these reasons:
If your workers' comp claim is denied, you still have the right to file an appeal. Appealing a denied claim is a lengthy and complex process that requires help from a workers' compensation attorney. During your appeal, Aronova & Associates will build a case and present it to a judge who decides on a resolution and the amount of any award.
Issues or questions with a workers’ compensation claim? Not sure where to turn for answers? Aronova & Associates helps thousands of injured workers per year. We’re here for you.
Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client. The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.
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Disclaimer: The submission of our contact form does not form an attorney-client relationship. You may not rely upon this information as legal advice.