Few jobs in New York are downright dangerous, but the reality is that even if you think you are in a relatively safe workplace, accidents can and do happen and you could even become ill because of conditions at work. For most New Yorkers, workers’ compensation requirements mean that workers are insured for possible workplace related injuries and illnesses. You have to follow a procedure laid down by the state’s Workers’ Compensation Board and file a claim outlining what the circumstances are. Workers’ comp claims, when settled, should pay for medical expenses and at least a portion of lost wages while incapacitated at home or in hospital. Employment in New York The most populous state in the country, with one of the world’s largest and most dynamic cities, New York has just over nine million workers engaged in employment in hundreds of different types of occupation. Six different occupational categories employ more than half a million people each alone and make up over half the total New York state workforce. Although by far the greatest numbers of people work in the thousands of different offices, there are also large numbers of people working in the following occupations: sales and other related jobs; food preparation and serving; education, training and libraries; healthcare and technical jobs; business and financial operations. (Source: May 2016 statistics supplied by the U.S. Bureau of Labor) New York’s Workers’ Compensation Coverage New York’s workers’ compensation requirements are very comprehensive and it is unlikely that as an employee that you would be employed by an uninsured employer whatever the type of job that you did. Uninsured employers risk being fined and may even face criminal prosecution if they fail to take out insurance with a private carrier or self-insure if they are able to do so. The only businesses or organizations that are not required to take out workers’ comp insurance are those that do not employ anyone other than themselves (sole proprietors) or partnerships where both partners own stock in the business. Even if you are an unpaid volunteer, a member of the family but working for the business or a subcontractor, you should find that your employer must be covered by workers’ comp insurance. Other Workers Comp Conditions in New York Your employer must abide by a number of well laid out requirements regarding workers’ compensation. Workers’ comp is intended to provide protection for you, as an employee, if you are injured or become ill, whatever the cause of the workplace accident or illness. It also provides a measure of security for the employer as it prevents you from filing a civil personal injury lawsuit against your employer in addition to or separate from a workers’ compensation claim. Your employer must not claim that you are employed as an ‘independent contractor’ in an attempt to avoid a workers’ comp claim payment. If you are unsatisfied with your employer’s response to a claim or are suspicious that your employer is not insured, you can contact the state’s Workers Compensation Board Ombudsman or seek advice from an attorney. How an Attorney Can Help You With a New York Workers’ Comp. Claim There are a number of reasons why you might seek assistance from a workers’ comp. attorney. You may be baffled by the process of filing a claim itself, you may be unsure how much you should claim, you may find that your employer is reluctant to co-operate with a legitimate claim. Your employer is illegally uninsured or your claim is either denied or payment seems to be less than seems justified by the loss you have incurred.
