The workers’ compensation system and how it differs from the court system
The New York state legislature enacted the Workers’ Compensation Law in 1914 in response to two significant historical events the 1909 Wainwright Commission that found woefully inadequate care for injured workers and the 1911 Triangle Shirtwaist Factory fire in New York City that killed 146 young immigrants.
Workers’ compensation laws protect both employers and their employees. Employers are required to carry workers’ compensation insurance to cover medical expenses and lost wages for workers who are injured on the job. In exchange, employees cannot sue their employer.
Some Workplace Injuries Give You the Right to Sue Someone other than Employer
Construction workers, like all employees covered by workers’ compensation, cannot hold their immediate employer liable for workplace injuries. If the injured worker was, however, hired by a subcontractor, the worker may sue the general contractor or building owner who commissioned the job. (See Construction Accidents section of this website).
Disability Law Claims
The New York State Disability Benefits Law provides for the payment of cash benefits to employees who are disabled because of injuries or illnesses that are not a result of a workplace accident. This law also allows women who take maternity leave to be reimbursed for a portion of lost wages, although unlike workers’ compensation it does not cover medical expenses.
Recent Modifications to the New York Workers’ Compensation Law
On March 13, 2007 the Governor signed into law sweeping changes intended to help both the injured worker as well as the employers of New York. These changes increased the weekly benefit levels for injuries that occurred on or after 07/01/2007, while also placing a cap on the time period an injured worker may receive lost wages benefits. New rules and procedural changes intended to define and expedite the process are being phased in. As with new legislation the Workers Compensation Board and Courts will likely be interpreting the legislative intent for years to come.
What Benefits are Available?
Workers’ compensation protects employers, their workers and even co-workers from monetary losses resulting from a workplace injury. Employees injured on the job are covered for medical expenses and lost wages, but they cannot sue their employer, even if an injury results from negligence. Workers also cannot sue a co-worker who caused the accident that resulted in injury.
There are some exceptions. A worker can sue an employer who deliberately intends to cause harm. Employees also can sue an employer who does not carry workers’ compensation insurance, and they have the option to receive benefits through the Uninsured Employers Fund. An employee who is intoxicated at the time of injury or who deliberately caused an accident may not be entitled to workers’ compensation. If your injury is serious enough to warrant coverage under the Workers’ Compensation Law, you will have to appear before the Workers’ Compensation Board, which administers all wage and medical payments.
Who Will Decide Your Claim?
The Workers’ Compensation Board alone has the authority to administer claims. If you suffer a permanent injury, have an excess number of doctor’s visits, or are out of work for more than seven days, you may be required to appear before an administrative law judge. It’s a good idea to have an attorney accompany you.
An administrative law judge will determine your attorney’s fees, typically based on how much work was required to present your claim. Those fees are paid out of ongoing indemnity benefits to you — so, if the Workers’ Compensation Board denies your claim, you won’t have to pay your attorney. Therefore, it won’t cost you any out-of-pocket fees to hire a lawyer, but it may cost you in the long run not to have one.
