New York Construction Accident Lawyer - Construction Accidents/ Workers compensation cases involve employers, insurance providers, injured or ill employees, and health care providers. Workers compensation cases begin when a person is injured or develops a work-related illness during the course of employment. Each state has their own laws which govern workers compensation cases. All fifty states and the federal government require that most employers obtain workers compensation insurance which fulfills two major functions in workers compensation cases. Workers compensation insurance provides benefits to injured or ill workers and protects employers from lawsuits filed by injured or ill employees. This system, in effect, protects both employees and employers in workers compensation cases.
Workers compensation cases usually begin when a person suffers an injury or illness on the job. If an incident meets certain requirements, employees are eligible for medical expenses coverage, compensation for loss of wages, and a number of other benefits in workers compensation cases. In terms of medical care, some workers compensation cases will allow a patient to choose the facility or doctor they wish to be treated by, but typically a doctor and facility is already chosen to handle workers compensation cases. An employee can receive compensation for mileage and prescription costs in addition to other medical care services.
Workers compensation cases also allow an employee to receive compensation for lost wages as a result of temporary partial disability or total disability. In workers compensation cases an employee typically does not receive one hundred percent compensation for lost wages, but rather a certain percentage of their pre-disability earnings. In permanent disability workers compensation cases, employees may be eligible to receive social security benefits.
There are other related benefits that employees may be eligible for in workers compensation cases, including reinstatement of employment, vocational rehabilitation, temporary alternative duties, and cost of living support. In workers compensation cases that result in death, the survivors of the decedent may be eligible to receive benefits relevant to medical expenses, loss of wages, and other expenses.
In some worker injury or illness cases, it is possible for any employer to sue their employer. If an employer’s reckless or intentional actions result in injury or illness, the worker may be eligible to file a lawsuit to sue for punitive and compensatory damages, as well as pain and suffering. In workers compensation cases where benefits are unreasonably denied, it may also be possible to pursue legal action that will facilitate proper compensation for work-related injuries or illness.
The workers compensation system is intended to provide benefits to injured employees without the need for legal involvement. In some workers compensation cases, however, employee’s rights are not being protected and legal protection and action is necessary.
Some common New York Personal Injury issues include the following:
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