Workers’ compensation insurance is designed to cover expenses for workers who are injured on the job, and nearly all businesses in the state of New York must carry it. However, even though workers’ compensation claims can help you pay for medical bills and other expenses after an accident, sometimes these benefits are not sufficient to help you make a full recovery. In these cases, a New York workers’ compensation attorney may be able to help you recover more by filing a third-party claim.
At Buttafuoco & Associates, we know that work-related injuries can be life-altering, and we are experienced in helping New Yorkers recover additional compensation. To learn more about whether you have a case, get in touch with us at 1-800-NOW-HURT.
Workers’ Compensation Coverage Overview
To qualify as a workers’ compensation claim under New York law, your accident must have happened while you were on the clock or performing job-related duties. If you were working your job on a construction site and injured by falling debris or slipped on wet scaffolding, you would likely be covered by workers’ compensation. Likewise, if you got in a car wreck while driving a company vehicle during work hours, workers’ compensation insurance would probably cover it.
In addition to injuries, workers’ compensation insurance covers illnesses resulting from the workplace such as respiratory diseases, hearing loss, skin diseases, cancers from work-related chemical exposure, repetitive strain injuries, and more.
One thing many people do not know about workers’ compensation claims is that you can typically recover compensation regardless of whether you were at fault. In most cases, even if you were completely responsible for your accident, you can still recover compensation through your employer. There are a few exceptions to this, including if the accident occurred while you were:
- Intoxicated
- Acting outside the scope of your employment (for example, performing duties that were not included in your contract, such as operating a vehicle you were not qualified to operate)
- Engaging in horseplay
In these cases, although workers’ compensation may not cover your expenses, it is possible that another party’s negligence caused your injuries. If you believe this to be the case, a New York workers’ compensation lawyer at Buttafuoco & Associates can help you determine whether you have a different type of case.
What Does Workers’ Compensation Cover?
In the state of New York, workers’ compensation covers a wide range of expenses, including:
- Medical expenses (doctor’s visits, hospital stays, surgery, physical therapy, medical equipment)
- Lost wages (if your injuries prevent you from working or reduces your hours)
- Permanent disability, if your injuries prevent you from using a specific body part permanently
- Death benefits for surviving family members (funeral costs, debts, financial support)
- Lack of evidence: if you cannot prove that your injury occurred at work or the insurer determines that your injury was pre-existing, your claim may be denied
- Independent contractor or volunteer: if you are an independent contractor or volunteer for a company, an insurer may deny your claim unless you can provide evidence that you were technically employed.
- Small business owners (sole proprietors, partners/two-person LLC members, and some executive officers are not required to have coverage, but can opt in)
- You are an excluded employee in New York (police, firefighter, or sanitation worker in New York City, federal government employees, New York City teachers, seamen and longshore workers, members of clergy or religious orders)
- Anyone who is not a co-worker
- An equipment rental or manufacturing company
- Another construction firm on the same job with independent insurance
- A property owner
For a complete listing of benefits, you can visit the New York Workers’ Compensation Board website.
When am I Not Covered by Workers’ Compensation?
Generally, if you were not working at the time of your accident, you cannot be compensated through your employer’s workers’ compensation insurance. For example, if you were driving to work in your own vehicle, your employer’s insurance wouldn’t cover it because you were not technically on the job.
There are several additional instances when your claim could be denied, including:
It is important to note that excluded employees are covered by different laws and may still receive compensation for work-related injuries. If you are unsure about what your status entitles you to, contact a workers’ compensation attorney serving New York.
Can I Sue my Employer if They Were Negligent?
New York’s workers’ compensation rules bar you from directly suing your employer for a work accident, even if your employer’s negligence caused the accident. However, in some cases, such as under Scaffold Law, you may be eligible to file suit against your employer. Call a New York lawyer from Buttafuoco & Associates to find out if the Scaffold Law applies to your case.
But just because you cannot usually sue your employer, this does not mean you are out of options. If a third party’s negligence led to your injury, you may be eligible to file a personal injury claim. A third party can be:
To determine your eligibility to file a lawsuit against a third party you must provide evidence that the party was liable for your safety. For example, if a property owner failed to maintain his property and it caused your injury, you may be eligible to file a claim. Or, if you suffer injury through another subcontractor, you may be eligible to file a claim against that contractor.
Getting Legal Help For Your Construction Accident Claim
Before you settle a workers’ compensation claim, make sure you have talked to a New York attorney with experience working on construction accident cases. If you agree to a settlement prematurely, you could be barred from other compensation you might be entitled to. Serious work accidents can result in reduced future earnings, long-term disability, and other special damages that only an experienced New York workers’ compensation attorney can properly handle.
A New York construction accident attorney will have your best interests in mind. They can explain your legal options and advise you on the best course of action for maximizing your compensation. At Buttafuoco & Associates, we help injured New York workers get the compensation they deserve to help protect their futures.
Call us today at 1-800-NOW-HURT for a free case review.