New York Workers Compensation

Guide to New York Workers Compensation Laws

If you are a New York worker who has been hurt in an on the job accident, you may need workers compensation insurance in New York to cover your economic losses and help you get your life back. Even minor injuries can generally be compensated according to New York workers compensation laws. This guide will help you understand how the system for workers compensation insurance in New York works, and which employees are eligible to use it.

What is Workers Compensation?

If you are hurt in an accident, normally you are not able to sue the party that led to the accident unless they were negligent or reckless. When an employee is hurt on the job, however, New York workers compensation laws recognize that regardless of whether an employer was negligent, the employee needs compensation. The program for workers compensation insurance in New York can assist employees who have been seriously injured or those who have had minor accidents.

Employee Requirements

In order to be compensated with workers compensation insurance in New York, you have to be able to show several things. New York workers compensation laws require that you notify your employer about your injury and your need for medical assistance within 30 days of being injured or noticing that you were injured. Additionally, you will have to show that your injury was received in the course of your regular employment, and that the accident was not caused by your gross negligence or recklessness in order to receive workers compensation insurance in New York.

Employer Requirements

When an employer hears that an employee has had an on the job injury and will need medical treatment, New York workers compensation laws require that the employer report the injury to the workers compensation board. Almost all employers are required by law to pay into workers compensation insurance in New York. Your employer must allow you to use your own doctor according to New York workers compensation laws, as long as your doctor has been certified by the state in treating that type of injury. Your employer is not allowed to retaliate against you for being injured on the job or using your right to be paid by workers compensation insurance in New York.

Who is Covered by New York Workers Compensation Laws?

Almost all employees who work in the state are covered by workers compensation insurance in New York. Very few employers are exempted from these laws, although New York workers compensation laws do not apply to corporate executives. Also, people who work largely on ocean-going vessels may not be covered by workers compensation insurance in New York. These workers are considered maritime workers, and are instead covered by the Jones Act, which covers all maritime workers at the federal level. If you are a worker who does most or all of your work on a marine vessel, you may want to consider talking to a maritime lawyer rather than a lawyer who is familiar with New York workers compensation laws.