When people go to work every day, they expect to go through their same, usual routine. Most do not typically think about what would happen if they were to be injured in an accident at work. Regardless of what an individual does for a living, there is always the possibility of an accident happening at work. In the event that an accident does occur, employees should feel a sense of comfort knowing that workers’ compensation is available to them if they are injured on the job.
Workers’ Compensation
If an employee is injured at work, financial compensation is available to them from their employers. Workers’ compensation is insurance that the majority of employers in New York are required to have in the event that an employee becomes injured on the job. Workers’ compensation exists so employees do not lose their jobs if they are hurt at work. Through this compensation, these individuals are able to collect benefits that assist them while they cannot go back to work. The benefits can cover medical bills, lost wages, and any lost future wages. In addition to this, employees may have the right to other benefits such as:
- Medical care
- Supplemental benefits
- Social security benefits
- Death benefits
- Long term benefits in the event that they are no longer able to work
It is important that they report the accident to their employer immediately if they are injured at work. After a claim is filed, they may receive temporary total disability payments in the event they are unable to return to work after the accident. The claim is then reviewed to determine if the individual and their injury are covered under Workers’ Compensation Law. It is important to know that once a conclusion is reached, both parties have the right to appeal the court’s decision.
Who is Responsible?
Employees injured on the job are able to try and hold their employer responsible if they wish. However, this can create an uncomfortable work environment for all parties involved. Instead of pursuing an employer for compensation, workers’ compensation is available to them. When this happens, neither the employee or employer is held responsible for the incident. This system works to protects both parties involved, as employees cannot pursue legal action against an employer if they are receiving workers’ compensation.
Third Party Lawsuits
While employees cannot take legal action against an employer if they are receiving workers’ compensation, they may be able to do so against a third party. If another party is responsible for the injury, they can be held accountable while the employee collects workers’ compensation. To do so, the employee must prove liability by showing the third party knew or should have known about the hazard that caused their injury. If the lawsuit is successful and the employee wins further compensation, they may be required to pay back the workers’ compensation they received.
Contact our Firm
If you or a loved one has been injured in a construction accident and wishes to seek legal counsel, contact The Law Office of Richard M. Kenny today.
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. Call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer.
