Every year, thousands of workers in Western New York suffer injuries on the job—from construction accidents and lifting injuries to repetitive stress conditions. When a workplace injury occurs, New York’s Workers Compensation system is designed to provide medical care and wage replacement so employees can focus on recovery rather than financial stress.
Workers Compensation is an insurance system paid for by employers to provide benefits to employees who are injured or become ill because of their job. These benefits generally include payment of medical treatment related to the injury and partial replacement of lost wages if the worker cannot return to work. Importantly, Workers Compensation is usually available regardless of who was at fault for the accident.
For injured workers in Western New York, the first steps after a workplace accident are critical. A worker should seek medical treatment as soon as possible and make sure the doctor knows the injury is work-related. The worker must also notify the employer in writing about the injury within 30 days. Failure to provide timely notice could result in losing the right to benefits. (If you’ve ever been to an Emergency Room with an injury, you have probably noticed the first question medical staff ask you is, “Did this injury happen at work.”)
After notifying the employer, the worker should file a claim with the New York State Workers Compensation Board. Once a claim is accepted, the insurance carrier is responsible for paying medical bills related to the injury. If the worker misses time from work, wage replacement benefits may be paid based on the worker’s prior earnings—generally up to about two-thirds of the worker’s average weekly wage, subject to state limits.
Workers compensation cases can become complicated and you may need the help of an attorney who has experience with Workers Comp claims, especially if the insurance company disputes the claim or questions the severity of the injury. In those situations, hearings may be held before the Workers Compensation Board to resolve disputes.
For injured workers throughout New York State, it’s important to understand their responsibilities and rights regarding Workers Compensation. Prompt reporting of injuries, proper medical documentation, and timely filing of a claim can help ensure injured workers receive the medical care and financial support the law provides while they recover and return to work.