Workers' Compenation Law Article

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Workers' compenation Law

If you are injured while working, worker's compensation provides a way to collect compensation.

Author: Rudolph Fx Migliore

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Workers' Compensation

If you or a loved one has ever gotten hurt on the job or has become disabled due to work related injury that occurred on the work site, you are entitled to collect compensation. Workers compensation is a form of insurance that provides wage replacement and medical benefits for employees.

This compensation is given from the company in exchange for the employee's right to sue his or her employer for negligence. Workers Compensation includes disability insurance, compensation for economic loss, reimbursement or payment of medical expenses. Employers are held liable for their employee's injury and must be responsible for paying these benefits.

The New York State Compensation Board states that all employers must provide workers' compensation coverage for their employees. Employers pay for this insurance, and do not require the employee to contribute to the cost of compensation. The Workers' Compensation Board will determine the reimbursements for cash benefits and/or medical care, and the amounts payable.

According to the compensation board, no one party is determined to be at fault in a workers compensation case. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer's fault. Some exceptions include, if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else. In some cases, injury prevents employees from earning the same wages they once did. They are now entitled to a benefit that will make up two-thirds of the difference.

The claim process begins with the victim seeking medical attention for their injuries. After obtaining the necessary medical treatment, the employee must notify the employer of their injury. The employee files a claim with the Board on Form Employee Claim (C-3) form. This must be done within two years of the accident, or within two years after the employee knew or should have known, that the injury was related to employment.

If you or a loved one has suffered due a work related injury, contact Rudolph F.X. Migliore, P.C.

Frequently Asked Questions:

What type of injury is covered under workers' compensation?

Benefits of workers compensation are generally given to employees who have been injured during their time of employment. Any injury whether it be a previous injury that has been aggravated due to current work or any other problems that are directly caused by a worker's employment is covered under worker's compensation.

If I am no longer working for an employer, am I able to pursue workers' compensation benefits if I was injured at the time of employment?

Contact an attorney to review your incident. If you comply with conditions associated with workers compensation you still may be entitled to collect.

How do I know if I am eligible to collect workers' compensation?
Contact an attorney and schedule a free consultation to review the incident

Are all employees eligible for workers' compensation?

In many cases, not all employees are eligible. There are many factors that vary results including the nature of the business, how many employees are in the company, what type of work the employees are doing, etc.

About Author

The Commack, New York law firm, Rudolph F.X. Migliore, P.C., traces its history to Migliore & Infranco, P.C., formed in June of 1980 as general practice, serving individuals, businesses, community groups, non-profit organizations, churches and ministries. In 2010, the firm changed its name to Rudolph F.X. Migliore, P.C.

Attorney Rudolph Migliore began his legal career with a simple philosophy: Provide quality professional and personalized legal service for clients throughout the Long Island, Suffolk County and Nassau County region.

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Workers' compenation Law