When an employee is injured on the job, he is entitled by law to some form of compensation. New York State has strict laws regarding those who are injured on the job. The laws help ensure that the person injured will be compensated and that the employer follows protocol.
New York State mandates that all employees being paid are entitled to workers' compensation. This includes full-time, part-time and leased employees. Volunteers working for a profitable business are also covered. County employees that work under hazardous conditions are covered. Teachers for public schools are covered, except those hired by New York City.
If you are entitled to workers' compensation in New York State, then the law states that you are required by the employer to receive cash benefits and/or medical care at the expense of the employer. The employer's insurance company will pay for any medical expenses for those injured on the job. Workers' compensation will also pay for the cash benefits of the job, but not in full. Normally, 80 percent of the pay lost will be given to the employee. The law is in effect if the employer or insurance company does not dispute the claim. If the claim is disputed, no cash benefits will be given to the employee until a judge makes a ruling.
Exceptions to the Law
Workers' compensation will not be given to those who intentionally get injured on the job. The claim will also be void if the worker gets injured while intoxicated or on drugs. In this case, the employee is solely responsible for her actions and shall not be entitled to workers' compensation in the form of cash or health benefits.
After the workers' compensation papers are filed and approved, the waiting period for getting benefits is seven days. Sometimes the period is longer than seven days due a delay in the paperwork from the medical examiner and insurance company. If nothing is received after seven days, the injured employee should call the human resources office to get a status report.