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5 Things an Injured Worker Need to Know about Workers Compensation Benefits

A work injury presents many concerns; one concern for every injured worker is navigating the maze of Workers Compensation. There are many legitimate questions posed by workers. Few so called experts have the right answers.

Workers compensation provides reimbursement for lost wages and/or medical bills for employees who are injured at work. Nearly all employers in New York State are required to provide workers' compensation coverage for their employees. The workers compensation system in New York is overseen by the New York State Workers Compensation Board. Below are five things every injured worker needs to know about workers compensation:

  1. Workers compensation benefits are awarded if your injury or illness is work-related, regardless of who is at fault.
  2. To be covered under the Workers' Compensation Law, an accident must arise out of and in the course of the employment. "In the course of the employment" means that you must be on the job at the time of the accident.
  3. In most cases a lawsuit cannot be filed against an injured worker's employer but an employee is entitled to workers' compensation benefits from his employer. This does not mean an injured worker can't bring a lawsuit. Every injured worker should speak with a experienced work injury lawyer to determine whether they have a viable lawsuit against someone other than your employer.
  4. A claim for an accident must be filed promptly with the employer and Workers' Compensation Board. Prior to filing the application for benefits you should consult with an attorney that is well versed in helping injured workers.
  5. Hearings may be required throughout the claim and held at the New York Workers Compensation Board before a Workers' Compensation Law Judge. An experienced workers compensation attorney can effectively represent an injured worker during workers compensation hearings.

It is important for injured workers to understand that depending on the circumstances of the accident, a worker may still be able to recover additional damages through a lawsuit. The lawyers at Block O'Toole & Murphy, LLP are highly experienced in handling New York work-related injury cases. We have a long track record of verdicts and settlements on behalf of injured workers. The work injury lawyers at Block O'Toole & Murphy can guide you through the process. You can learn more about the firm at www.blockotoole.com.