What does workers’ compensation cover?

When you become sick or injured as a direct result of your job, you’ll inevitably ask, “What does workers’ compensation cover?” This insurance program provides cash benefits and medical assistance for anyone who qualifies. If you find yourself struggling with medical expenses, lost wages from missed work, or a loss of wage-earning potential, seeking the help of a seasoned New York workers’ compensation attorney can help get you on the path to recovery.

When dealing with the stress of a workplace-related illness or injury, your concerns shouldn’t be on dealing with the complicated and frustrating workers’ compensation system. The Weinstein Law Group has been helping the victims of New York workplace accidents fight for the benefits they deserve for 30 years. Let us handle the legal system while you focus on getting healthy. 

If you’ve been injured and are struggling to claim benefits, call us today at (212) 741-3800 to schedule a free consultation so we can get started on your case as soon as possible.

What is covered by New York workers’ compensation?

Unlike personal injury cases, fault is not considered in a workers’ compensation case so long as the injury occurred within the scope of employment. That is why it is important to under stand what workers compensation covers. The amount you’re eligible for is not changed by how careless you or your employer was in relation to your injuries. Instead, it’s determined solely by your damages, which can include the following and more:

Benefits Apply To Any Work-Related Injuries

Whether you were involved in an accident that caused immediate bodily damage or an accident that resulted in a chronic injury, your damages should be covered. From head trauma, broken bones, burns, neck injuries, and serious cuts, to long-term illnesses that take months or years to develop, if your illness or injury came about due to work done for a New York employer, you should be eligible for workers’ compensation. 

Reach out to a New York workers’ compensation lawyer to find out if you can claim benefits today.

Medical Expenses

Hospital visits, surgery, therapy, medication, recurring doctor visits, and any other medical expense that can be attributed to your workplace accident should be covered by New York workers’ compensation insurance. These expenses can stack up very quickly and may take up a significant portion of your benefits.

Lost Wages Due To Missed Work While Recovering

When you’re unable to earn a living due to an injury at a New York workplace, it can be hard to afford everyday expenses. Workers’ compensation can pay for some of the wages lost while you’re recovering and missing work. The amount you’re eligible for in this case is determined by the disability you’ve been diagnosed with by a doctor, ranging from permanent total disability to partial temporary disability.

Disfigurement

If you’ve been seriously and permanently disfigured on your face, head, or neck, you may be entitled to a maximum of $20,000 in additional benefits, outside of the scope of other workers’ compensation benefits.

Fatal Injuries

If someone is killed in a workplace accident, workers’ compensation insurance should pay death benefits to their surviving family. This includes funeral expenses and burial as well as financial support for a spouse and children.

What is NOT covered by New York workers’ compensation?

It’s also useful to know the kinds of injuries that workers’ compensation will not cover.

Injuries Sustained While Intoxicated

If you are injured on the job and it is discovered that you were intoxicated at the time of the injury, your chances of receiving workers’ compensation are close to zero. The effects of drugs or alcohol can impair your judgment and function, leading to dangerous situations in a work environment. Never go to work under the influence of alcohol or drugs, including over the counter drugs.

Injuries Caused When Recklessly Violating Policies

If you’re hurt while blatantly disobeying safety regulations, other company policies, or otherwise behaving in an objectively reckless manner, you will be unlikely to recover benefits through the workers’ compensation system. 

This includes intentionally attempting to injure yourself or another employee. Make sure to abide by any company and government regulations while on the job to avoid these situations.

Independent Contractors

Employers don’t have to keep coverage for independent contractors. If you’re an independent contractor, you are not typically not eligible for workers’ compensation coverage unless your contract awarder has specifically obtained a policy covering you. 

In some cases, an employer will wrongfully classify employees as independent contractors to avoid insurance and tax requirements. Be sure to speak with an experienced New York workers’ compensation attorney if you believe this is the case.

Injuries Claimed After the Statute of Limitations Expires

The time limit for workers’ compensation claims is two years from the date of the last paycheck with an employer OR from the date of an injury, whichever is later. It’s also important to report any injuries as soon as you’re aware of them. Waiting more than 30 days can lead to an inability to claim compensation down the line.

Get Help With Your Workers’ Compensation Case

The Weinstein Law Group is dedicated to helping the victims of workplace injuries seek the benefits they need to fully recover from their accidents. If you or a loved one has sustained injuries in an accident due to the normal requirements of a job, don’t delay. Report the injury and file for workers’ compensation to adequately recover from any related expenses or losses.

If your injury is being disputed by an employer, seeking the help of a seasoned New York worker’s compensation attorney can help you boost your chances of recovering the maximum possible benefits for your injuries. Work-related injuries can be difficult and painful, so don’t go it alone. Call The Weinstein Law Group at (212) 741-3800 or contact us online to go over the details of your accident and we can get started on your case. We know the exact answer to “What does workers compensation cover?” and we will fight to make sure you get the compensation you deserve.