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Workers’ Compensation

If you were hurt on the job in the state of New York, you may be eligible for workers’ compensation.New York Workers’ Compensation Attorney Richard R. Rowe can provide you with the representation and guidance you need in order to seek benefits due to your work-related injuries. Mr. Rowe has years of experience successfully handling workers’ compensation claims. Call us today to see how we can help you.

WORKERS’ COMPENSATION IN NEW YORK STATE

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The New York State Workers’ Compensation Law provides an employee who was injured at work with certain financial and medical benefits. With a few rare exceptions, workers’ compensation is a “no-fault” system. This means that if you were hurt in an accident at work, or if a negligent employer, co-worker or third party caused your injuries, you are entitled to lost wages and medical care regardless of who was at fault.

The law is intended to strike a balance between employer and employee interests. Before the law was enacted, an employee had to bring a lawsuit against an employer to be compensated for work-related injuries. Employers would claim that the worker either assumed the risk of injury by taking the job, or that the injury was caused by the worker or a third party’s negligence. Many families were left in financial hardship when the primary provider was injured and unable to work.

This changed, however, after 146 workers died in a fire at the Triangle Shirtwaist Factory in 1911. The tragedy led to the enactment of several safety, health and labor regulations, including the Workers’ Compensation Law. The law provides employees with benefits for work-related injuries, which they can pursue through the no-fault workers’ compensation system rather than suing for negligence.

THE NEW YORK STATE WORKERS’ COMPENSATION BOARD

The Workers’ Compensation Law is enforced by the New York State Workers’ Compensation Board (Board). According to its mission statement, the Board protects the rights of both employees and employers by ensuring that injured or ill employees properly receive benefits, and by promoting compliance with the law.

The Board functions like a court, and decides when a workers’ compensation claim is valid. The parties involved in a claim usually include:

  • Injured worker, or “claimant”
  • Employer
  • Employer’s insurance carrier, unless the employer is self-insured or has no insurance
A third-party administrator will usually handle the claim for the employer. Claimants sometimes confuse the insurance carrier with the Board. Remember, if you are a claimant, the insurance carrier is your opponent, while the Board serves to adjudicate the matter between you and the insurance carrier.

WORKERS’ COMPENSATION ATTORNEY COMMITTED TO YOU

New York work injury lawyer Richard R. Rowe has represented clients in workers’ compensation cases for nearly 20 years. Mr. Rowe will advise you on your rights, help you file a claim, and negotiate with insurance carriers on your behalf. He will gather information from doctors and health care providers to bolster your case, and represent you before the Board if necessary. For a free consultation, call us today at (631) 285-6500 or contact us online.

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