WORKERS’ RIGHTS IF THEY ARE INJURED WHILE WORKING (FOR INJURED WORKERS)
Workers’ compensation is a form of insurance. Most companies require this insurance, which guarantees treatment costs and salaries for employees who are injured at work and for periods of time when they are unable to work. The premiums for workers’ compensation are paid by the company; it cannot require the employee to pay the premiums.
If a worker has suffered an injury at work and claims insurance, the insurance will be paid if the insurance company agrees that the accident is related to the business, or if the Employee Injury Insurance Committee orders it. However, the insurance company or the worker’s employer may appeal the employee’s insurance claim, in which case the Employee Injury Insurance Committee must try to resolve the dispute over whether or not to approve the insurance payment within 90 days.
It does not require a period of time when a worker is injured and unable to work before claiming insurance. In other words, even if you are injured at work, you can claim insurance even if you continue to work at that job. And it is not necessary for someone to be negligent in a business incident. Even if the applicant is negligent, the insurance money will not be reduced, and even if the company is negligent, the insurance money will not be increased. However, if an employee is hurt at work by taking drugs or drinking alcohol, he or she will lose the right to insurance. He or she will also lose the right if he or she causes harm to himself or herself or others.
The salary is paid by the insurance company while the injured person is unable to work, or if it is self-insurance, the company will pay it. The salary is paid in accordance with the law, and the Employee Injury Insurance Committee ensures that the salary is paid correctly.
When you are injured, you must write to your employer within 30 days. It should include when, where, and how you have been injured.
MEDICAL AND HOSPITAL EXPENSES
All approved medical and hospital expenses for injury or illness will be paid by your employer’s insurance company. Medical and hospital expenses will be paid regardless of whether you are working or not. Also, compensation will be paid for any lost wages that you did not receive while receiving medical treatment.
COMPENSATION FOR LOSS OF WAGES
If your work schedule is reduced due to an injury and your wages are reduced, or if you are unable to work for more than seven days, you will be compensated for a portion of your original wages. Compensation shall be paid at two-thirds of the average weekly wage based on wages for the 52 weeks prior to the injury date and shall not exceed the maximum amount of benefits permitted by law.
If you are engaged in more than one job at the time of injury, you may be considered to have concurrent employment. In this case, you must report the wages you receive at each workplace to the committee. In the case of “simultaneous employment,” wages are added up.
Worker compensation fraud is a class E felony, punishable by up to four years in prison and a fine of $5,000.
Employees of all-profit businesses
County and municipal employees
Assistants in New York City public schools (New York City teachers are excluded)
New York State employees, including some volunteers
Domestic workers working at the same job for more than 40 hours a week
These include full-time nannies, nurses, home helpers, etc.
Farm employees whose employers paid more than $1,200 in exchange for working on the farm last year
Other individuals who were determined by the committee to be employees
Worker’s compensation is optional for non-profit organizations, members of monasteries, employers of priests and teachers, and in-home employees who work less than 40 hours a week.
A person who does not teach or perform physical labor in an educational, religious, or charitable institution.
People are covered by the Federal Employee Injury Insurance Act. These include postmen, certain marine trade employees, interstate railroads, federal employees, etc.
A person who does common chores in a home where the owner resides (minors who handle electric machines, including automatic lawnmowers, may also be covered under the homeowner’s policy).
Employees of certain foreign governments
New York City police, firemen, teachers, sanitation workers, etc. are subject to other workers’ compensation. Other uniformed police and firefighters may also be excluded
A person who is contracted as an independent contractor as a realtor and media salesperson
Companies consisting of one or two people, sole owner, a partner, or an independent contractor—are applicable but not mandatory under the law.
Workers have the right to hire an attorney or a licensed agent at any time when they claim worker’s compensation. A person who is hired by the worker cannot directly charge or receive legal services from the worker. The commission determines the cost of legal services and deducts them from the insurance money that will be paid to the worker.
For more information about workers ‘ compensation claims, please contact us below.
New York State Workers ‘ Compensation Board