What are the Cash Benefits under the New York Workers Compensation Law?
When you have been hurt on the job and need to file a workers’ compensation claim, you want to know what types of cash benefits you may be entitled to receive.
If you have been hurt on the job and can’t work, or have extensive medical bills, you may be wondering if you have the right to sue your employer for any of your losses. This blog looks at if, and when, you may file a lawsuit for injuries suffered in a workplace accident.
As a general rule, you cannot sue an employer when you are hurt on the job in New Jersey. Under the state’s workers’ compensation system, a workers’ compensation claim is what is known as your “exclusive remedy” for any wrongdoing by your employer that causes you injury. The requirement that you pursue any work-related injury claims through a workers’ compensation filing is what is commonly referred to as the “grand bargain,” as it supposedly benefits both workers and employers. Workers can ideally obtain benefits in a more timely manner without the cost of litigation. Employers don’t have to worry that a jury will return a huge damage award.
So you’ve been hurt on the job and need to apply for workers’ compensation benefits, but you’ve heard from others that it can be a complicated process, that a lot of seemingly legitimate claims are denied. It’s true—employers and insurance companies will go to great lengths to avoid paying benefits under the New York workers’ compensation system. The attorney that you choose to handle your case can make a big difference in how much you recover or whether you get any benefits at all. Here are some things you should look for when hiring a workers’ compensation attorney.
If you’ve suffered an injury on the job, or contracted an illness that’s work-related in New York, you have a right to seek benefits under the state’s workers’ compensation system. In fact, in many instances, it’s your exclusive remedy, meaning that you cannot file a lawsuit in court to recover for your losses. But if you’ve never been involved in legal matters before, or even if you have, you may be worried about what costs you will incur. After all, if you can’t work because of your injury, chances are good that things are already pretty tight. This blog addresses the issue of any fees that must be paid to your lawyer in a workers’ compensation case.
If you have been injured on the job in New York, you have a right to file a claim for benefits under the state’s workers’ compensation program. Generally, if your claim is approved, you will receive weekly benefits based on your average weekly wage and the extent of your injury. However, if you suffer an injury to one of your extremities, you may also be entitled to a cash payment for any permanent damage to that extremity. Such an award is known as a scheduled loss of use, or SLU, award.
When you have been injured at work in New York, in most instances, your exclusive remedy will be through a workers’ compensation claim. The workers’ compensation system is often referred to as the “grand bargain,” as it is supposed to benefit both sides. Employers (and workers’ compensation insurance companies) reap the benefit of specific dollar amounts, so they don’t have to worry about large damage claims from a judge or jury. Workers are supposed to benefit from the relative ease of filing a claim, and the speed with which benefits will start to be paid.
It seems like a straightforward and simple system—you’ve been injured, incurred medical expenses and lost time at work. Your attorney will work hard to ensure that you get payment for all your losses, including:
In New York, when you have been injured on the job, you have a right to seek benefits under the state’s workers’ compensation system. In fact, the workers’ compensation system is generally your sole remedy or means of recovering compensation for injuries caused by the carelessness or negligence of your employer or a co-employee. But what if you had a prior injury—work-related or not—to the same part of your body? What if you hurt your knee on the job six months or two years ago? Will you be eligible to obtain workers’ compensation benefits for the same or a similar injury?
The owner and CEO of a New York business has been indicted in New York State Supreme Court in connection with an ongoing investigation. The Manhattan District Attorney’s Office announced the indictment of Michael Cholowsky, chief executive officer of Sky Materials Corporation. The charges come after an investigation initiated last year in the connection a construction site fatality in New York City in April, 2015. According to court documents, Cholowsky was charged with first and second degree fraud, as well as Offering a False Instrument for Filing in the First Degree. Prosecutors say that Cholowsky misrepresented or hid information about his payroll and intentionally understated the number of workers in his employ.
A former employee of the New York Department of Transportation has been put on probation for three years for fraudulently collecting almost $10,000 in benefits over a period of eight months. State Attorney General Eric T. Schneiderman announced the penalty imposed on Corey Cragnolin by Rochester City Court judge Caroline Morrison. Cragnolin was also ordered to repay $9,940.49 and prohibited from collecting any additional benefits related to the injury that led to his initial claim.
Under New York’s workers’ compensation system, anyone seeking or collecting benefits must disclose any other employment or income. According to documents filed with the court, Cragnolin received benefits from September, 2013 until May, 2014, based on injuries he allegedly sustained as while working for the Department of Transportation. Cragnolin had claimed that he was totally disabled because of that injury, and received benefits for a temporary total disability.
With the looming national elections in November, workers’ compensation industry insiders expect increased scrutiny on state programs, including revisions of employee health and claims models. A number of key issues were spotlighted at a webinar held on January 11 by Safety National, one of the leading providers of workers’ compensation insurance nationwide.
According to Mark Walls, the elections promise to have an impact on workers’ compensation insurance providers, as eleven states currently elect insurance commissioners, who can have a direct impact on how premiums are determined. Experts also say that, although tax provisions of the Affordable Care Act have been extended to 2020, there’s a significant likelihood that a new president, Republican or Democrat, will make changes in health care reform.
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