Worker’s Compensation Insurance is a safety net for workers who suffer an injury on the job. Every state, including New York, requires employers, with certain exceptions, to carry Worker’s Compensation Insurance on their employees. While Workers Compensation is there to protect workers, those filing a claim are often surprised by the post-injury expenses that are not covered under regular insurance. The injured party can sometimes be left with thousands of dollars in expenses.
Workers should know in advance what to expect if they become injured on the job and receive care under Worker’s Compensation. Also, workers in the State of New York should know they have a right to legal representation from experienced Workers Compensation Attorneys in Ithaca, Auburn, Elmira and Syracuse, New York, such as Littman & Babiarz, Attorneys at Law.
Worker’s Compensation Insurance
Worker’s Compensation Insurance through your employer will pay benefits in the event you are injured on the job. Although the payments are usually modest, Worker’s Compensation Insurance covers:
- Medical care from the injury or illness
- Replacement income (up to 2/3 of your average gross wages)
- Costs for retraining (in the event you cannot return to your former job)
- Compensation for any permanent injuries (Disablement)
- Benefits to survivors of workers who are killed on the job
In addition, your injury need not be caused by an accident to be covered by Worker’s Compensation. Employees can receive compensation for injuries such as repetitive stress injuries or chronic back problems. Employees may also receive benefits for some illnesses and diseases that are the gradual result of work conditions, such as heart conditions, lung disease and stress-related digestive problems.
What is Not Covered under Worker’s Compensation
While much is covered to ease the burden on an employee as he or she recovers from a job-related injury or illness, much is also left uncovered. Specific information about your situation can be provided by Littman & Babiarz Attorneys at Law, our experienced Worker’s Compensation Lawyers in Syracuse, Auburn, Ithaca and Elmira will help you get the settlement you are entitled to.
Your Right to Sue is Surrendered – When you accept Worker’s Compensation Benefits of any kind, you waive the right to sue your employer over suspected negligence that may have contributed to your injury.
Pain and Suffering are Not Covered – Worker’s Compensation offers no benefits for pain and suffering as a result of your work-related injury.
Your Full Wages are Not Covered – Your wage replacement benefits are calculated according to a simple formula, providing basically two-thirds of your average weekly earnings, up to a certain amount.
Any Missed Raises are Not Covered – Any raises or new benefits you could have or would have earned during the period you are off work recovering from your injury are lost.
Replacement Services are Not Covered – Although your injury may prevent you from normal housekeeping chores such as yard care, snow removal, house cleaning and the like, you are not provided benefits to cover these expenses.
Some Long-Term Care Expenses May Not be Covered – While some long-term care expenses are covered, the company providing your Worker’s Compensation Insurance will often offer a final lump settlement instead of agreeing to pay benefits for the duration of your injury or disability. This saves them money but costs you in the long run, unless a suitable settlement amount can be negotiated.
Why You Need a Worker’s Compensation Lawyer in Central New York
If you suffer a work-related injury or illness, you need to know the ins and outs of how Worker’s Compensation works. After an injury or accident, the independent insurance company providing Worker’s Compensation Insurance coverage for your employer will handle your case entirely. They do not always have your best interests in mind.
In the event of a small injury, you may receive the care you need and return to work without much delay. In those cases, Worker’s Compensation Insurance provides everything that is needed. But in the event of a serious injury, the insurance company will often be looking for ways to reduce costs, and that could mean less benefits for you.
Littman & Babiarz, Attorneys at Law, are experienced Worker’s Compensation Lawyers in Syracuse, Ithaca and Auburn, New York who can provide the advice and protection you need. Call us at 607-277-7527 or contact us online to arrange your free initial consultation.