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The Basics of NYS Workers’ Compensation

Workers’ Compensation laws are in place to protect workers if they are injured or become ill on the job. Workers’ Compensation is insurance paid for by your employer to provide benefits for injured employees.

Types of Injuries

New York State Workers’ Compensation laws cover two types of conditions. The first are accidental injuries, which are injuries to muscles, bones, and connective tissue. Examples of accidental injuries are:

  • Fractures
  • Dislocations
  • Lacerations
  • Burns

The second type of conditions are occupational diseases. These are conditions that develop over a long period of time. Examples of common occupational diseases are:

  • Carpal Tunnel Syndrome
  • Asbestosis (from asbestos exposure)
  • Exposure to toxic chemicals

Time Deadlines Are Important

If you are injured at work, time deadlines are important. You must provide written notice of the injury to your employer within 30 days of the injury occurring. A claim must be filed with the Workers’ Compensation Board within two years of the injury. If you have an occupational disease, the claim should be filed no more than two years from when you realized the condition was work-related.

Your Benefits Under Workers’ Compensation

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Workers’ Compensation benefits will cover medical treatments related to your work injury or illness. Insurance companies will base how long they pay for treatment on their own medical treatment guidelines. Certain benefits (like physical therapy or chiropractic treatments) may have limitations on how many treatments you can receive.

If you are unable to work, or if you go back to work and your injury or illness prevents you from earning the same wage as before, you may be entitled to a benefit that makes up two-thirds of the difference in your salary.

Workers’ Compensation cases are complex. Many important decisions are made about your case early in the process. A qualified Workers’ Compensation attorney can assist with these decisions and get the benefits you deserve.