Know Before You File: New York Workers’ Comp Insurance [2020]

What to Know About Workers Compensation

In New York, worker’s compensation insurance is a system that provides lifetime medical care and wage replacement benefits for work-related illnesses and injuries. All for-profit employers, as well as the majority of not-for-profit employers, must carry workers’ compensation insurance coverage for all of their employees regardless of residency status. If you work in New York, then you must be covered by workers’ compensation insurance.

Initial Steps When Injured on the Job

• As promptly as you safely can, notify your supervisor with the details of your injury.
• Immediately seek medical treatment.
• Take photographs of any injuries.
• Document your account of the accident as best you can.

What Does New York Workers’ Compensation Insurance Cover?

• A cash benefit of two-thirds of your average weekly wage up to a set maximum.
• All treatment and health care related to your injury.
• And travel expenses to and from your related medical appointments.

Accidents/Injuries Covered Under Workers’ Compensation

Other than the injury caused by complete accidents, there are several types of injuries that are covered.

Repetitive Motion Injuries – Also known as Repetitive Stress Injuries (RSIs), Cumulative Trauma disorders (CTDs), and Repeated Motion Injuries (RMIs). However, the most common name is Carpel Tunnel syndrome, and the onset can be anywhere from fingers to knees. Most likely, you will have to visit a Board Certified Neurologist, authorized by the NYS WCB, who will then use diagnostic tests like EMGs and NCVs to diagnose and treat your injuries.

Occupational Illnesses – Generally classified as a disease that has resulted from specific work or working conditions, occupational illnesses can also be developed due to exposures in the workplace with a relation between the exposure and the disease.

Mental or Emotional Stress Injuries – Job-related stress has now been acknowledged a major cause of injuries, which of course can lead to conditions such as heart disease and certain cancers. What qualifies as “stress” differs by state and you may find it difficult to prove that your injury is the result of the job rather than as a result of your personal life stress, and you will definitely want to consult with those that know New York worker’s compensation insurance the best.

Is There A Waiting Period?

Those who are eligible for wage replacement benefits under the  New York’s Workers’ Compensation Law receive no wage replacements for the first seven calendar days of disability. This is the Workers’ Compensation Law initial waiting period.

If your disability lasts between 8 and 14 calendar days, you may be entitled to wage replacement for the days that fall within that second 7 day period. Then, if your disability extends beyond 14 calendar days, you may be entitled to wage replacement benefits retroactive back to the first day of your injury and loss of work.

You also have the option of using any accrued time off credits to cover your absences during those first 7 calendar days.

Finally, if you happen to encounter a worker’s compensation insurance claim that stalls more than the 14 calendar days, you need to consider reaching out to us for help. The Accident Help Zone is your knowledge-base for worker’s compensation info in New York and we’ll ensure that you have everything you need to protect yourself and your health.