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:
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