Understanding Workers Compensation Insurance
Job-related injuries and illnesses threaten to set back workers physically, financially, and emotionally. The impact of work-related injuries is so significant that it amounts to over $8 billion paid in workers’ compensation benefits annually across the country. In New York, in 2016 alone, the total was more than $470 million. To protect their workers, all employers must have workers’ compensation insurance.
Under the New York Workers’ Compensation Law, it is a NY employer’s duty to obtain – and bear the cost of – workers’ compensation insurance to protect employees. This means they cannot pass the cost of the insurance on to the workers. Those companies that fail to carry the necessary insurance face penalties from the New York State Workers’ Compensation Board, as well as liability for employee injuries.
The workers compensation lawyers at Aronova & Associates understand the impact that an on-the-job injury can have for you and your family. We use our decades of combined experience to help you navigate the New York workers’ compensation insurance claims process so you can focus on recovery.
What workers’ comp insurance covers
Workers’ compensation insurance is designed to lighten the load for covered injured workers when the injury or illness is job-related.
A workers’ comp policy in New York will provide the following protections to employees or, in the case of a wrongful death, their heirs:
- Necessary medical bills to treat the injury or illness
- Temporary or permanent disability benefits
- Death benefits for fatal injuries
In addition, the policy also provides the following protections for the employers:
- Legal representation
- A protection against most lawsuits by the employee for covered injuries or illnesses
While there are standard workers’ compensation benefits that insurance carriers in New York will have, policies are like other insurance products – they can vary. Different carriers will may specialize in specific industries and offer tailored benefits so your employer’s policy may have special terms that another policy does not.
The NY workers’ compensation attorneys at Aronova & Associates are familiar with the operation of worker’s comp policies. If you have suffered a work injury, we can help you understand the benefits that your employer’s plan affords.
Workers’ compensation insurance in NY
The NY law requires all employers to obtain, and keep continuously effective, workers’ compensation protection for all of their employees.
To gain compliance:
- Obtain a workers’ compensation insurance policy;
- Obtain a Board-approved self-insurance plan; or
- Prove legal exemption from the requirement.
Most for-profit businesses are required to have workers’ compensation insurance. To be exempt, a business must have few owners (owned by no more than two individuals or be a partnership) and have no employees (including leased, borrowed, or part-time), no unpaid volunteers, and no sub-contractors.
Can I still sue my employer for a work injury?
Under the New York worker’s compensation laws, an injured worker’s ability to sue the employer is limited but not eliminated. Some of the special circumstances that may allow a lawsuit include:
- A municipal union contract that is exempt from the workers’ compensation laws
- Injury from a ladder or other elevated surface
- Employer’s or fellow employee’s gross negligence contributed to injury
An experienced workers’ compensation attorney can explain your rights and spot those special situations that may allow you to file a personal injury lawsuit against your employer. Aronova & Associates offers several locations around New York, giving you flexible options to discuss your rights with a professional.
Speak with a New York workers’ comp insurance attorney
Injured New Yorkers face a long list of challenges. From physical pain and suffering to mounting medical bills to lost wages during the recovery process to sometimes temporary or permanent disability, there are many hurdles before a worker can get back on with his or her life. We are here to help you through those challenges.
Aronova & Associates, LLC is dedicated to aggressively fighting for the rights of New Yorkers who have been injured on the job. The Workers’ Compensation claim process is complicated and navigating the process while also recovering from an injury can be exhausting. We lead injured workers through the process, helping you file a claim, select a doctor, and focus on your medical treatment while we compile the evidence you need to receive lost wages. In short, we are dedicated to helping you recover maximum monetary compensation.
Do not wait any longer than you need to. Call today to speak with one of our experienced workers’ compensation attorneys.
Additional Workers Compensation Insurance in NY Resources:
- New York Workers’ Compensation Board, Workers’ Compensation Coverage: Understanding Workers’ Compensation Insurance, http://www.wcb.ny.gov/content/main/Employers/understandInsurance.jsp
- New York Workers’ Compensation Board, Workers’ Compensation Coverage: Obtaining Workers’ Compensation Insurance Coverage, http://www.wcb.ny.gov/content/main/Employers/getInsurance.jsp