Important things you should know
Questions and Answers
Workers’ Compensation is a specialized insurance in New York state that is paid for by your employer, that applies to injuries that occur while working.
Workers’ Compensation benefits include medical insurance for your work related injuries, and if you are unable to work, a portion or your salary in biweekly payments.
It is illegal to sue your employer in New York State. A Workers’ Compensation claim is an insurance claim similar to a claim that you would file if you were in a car accident.
In New York State, if you were injured at work, Workers’ Compensation is the only insurance that you are legally allowed to use to pay for your medical expenses. In addition, Workers’ Compensation will pay you a portion of your salary weekly while you are unable to work. Filing a Workers’ Compensation Claim is the best way to protect your rights.
Yes. Workers’ Compensation never takes into account your legal status. As long as you are employed, and your injury occurred while at work, you are eligible in New York State to file a claim for Workers’ Compensation benefits.
Yes. If you are injured while working you are eligible for Workers’ Compensation benefits. There is no difference regardless of whether it was your first day of work, if you were working for 30 years before the accident occurred.
No. It is common to think that in order to be eligible for Workers’ Compensation benefits, you must stop working. Workers’ Compensation benefits are there for your protection. The goal is to be able to return to work. Medical Coverage for your workplace injuries will help you remain at work even if you can work through your injuries.
It is illegal for your employer to fire you for filing a Workers’ Compensation claim. However, New York is an At- Will Employer state. That means that your employer has the right to terminate you from your job, for any reason, as long as it is not discriminatory.
There are three steps that you should take if you were just injured at work.
- You must Notify your employer within 30 days that work place injury occurred.
- You should seek medical attention as soon as possible, even if you do not believe that the injury is very serious, letting the doctor know that your injury occurred at work.
- Consult an attorney. The insurance company will pay tens of thousands of dollars to defend the employer from your claim. In many cases, you may not even be aware that you have rights that the insurance company is infringing upon.
For a FREE Consultation here at Gregos Vila, please click the link below.
Yes. Not only is the consultation free, but we will only get paid on your case if we win and get you money.
If you no longer wish to continue your case, it may be possible to close your case under Section 32 of Workers’ Compensation Law with a lump sum settlement. To make sure that you are receiving the maximum that you are entitled to, feel free to reach out to Gregos Vila.