subject: How To Understand Workers Compensation Law [print this page] A worker who has been injured on the job or who has suffered from an occupational disease may be able to seek the benefits of workers compensation. In order to protect the financial security and health of workers, workers compensation was established to provide wage replacement benefits, medical treatment to workers, as well as vocational rehabilitation to workers in need of such services. The federal government maintains its own workers compensation program for federal employees. Employees that work for privately owned, for-profit businesses are insured by their employers.
In accordance with New York state law, employers are mandated to cover the costs of the benefits given to an injured, disabled, or diseased employee. In the event that a worker is injured while working for an uninsured business, the worker still has the chance to receive the benefits he or she deserves. This employee can apply for benefits with Uninsured Employers Fund, or the UEF. Fortunately, most employers are insured since New York maintains mandatory workers compensation.
There are a few different benefits that are covered under workers compensation. These benefits include medical benefits, temporary total disability, permanent partial benefits, permanent total benefits, and death benefits. On a case-by-case basis, it is determined the type of benefits that a worker is entitled to, whether it be total or temporary disability, or in the case of death, if the family is entitled to death benefits. The employer will provide these benefits either through his insurance, or personally. Since the employer is covering the benefits, the employer has the right to choose the physician that will provide the employee with medical treatments. In addition to medical treatments, the employer also provides medications and pays for hospitalizations.
In the event of an employees death, the family of the family, which includes the living spouse and other dependents, receive the benefits from workers compensation. The benefits include a certain allowance for the burial of the employee. The family and dependents may also receive cash benefits, which are determined by the amount of wages earned by the employee. The cash benefits are subject to a maximum, or a cap however.
Since each case is different, it would be most helpful to contact a workers compensation attorney with any questions related to your case or that of a deceased relative. The attorney will be able to provide you with more information about the benefits the employee is entitled to receive. If you are an employee who has suffered a workplace injury or contracted an occupational disease, a workers compensation attorney may also be able to aid you in bringing an uninsured employer to justice so that you may be able to receive the benefits that you are entitled and you can begin the journey to returning to health.
Angiuli and Gentile, LLP is a highly respected full-service law firm with offices located on Staten Island. Workers compensation has remained a division within their firm for over the last twenty-five years. Their experienced team has negotiated workers compensation claims for countless clients during this time. Angiuli and Gentile, LLP carefully works with each client to create a plan for the future success of each case.
