If you have been injured at work, it is important that you pay close attention to the state laws. Workers’ compensation for injured employees is in place across the country, and the vast majority of workers are able to make workers’ compensation claims successfully when they do become injured. However, the specific requirements and rules for workers’ compensation vary significantly from state to state.
New York makes it possible for all employees, regardless of whether they are U.S. nationals or undocumented immigrants, to claim workers’ compensation if they have suffered financial damages as a result of being injured at work. The following is an overview of the rules and the benefits available to employees injured in the working environment in New York.
What are the time limits to file for workers’ compensation in New York
If you have been injured in the workplace, you must notify your employer of your injury within 30 days. If you wait longer than this period, likely, you will not be able to claim workers’ compensation, therefore it’s a good idea to notify your employer as soon as possible. Once your employer has been notified in writing, they have the obligation to provide you with the relevant papers so that you can file a claim. In most cases, you will have two years to file a claim.
What benefits are injured workers entitled to?
If you needed to take time off work due to your injury and lost wages as a result, you will likely be entitled to wage replacement. Typically, two-thirds of lost wages will be subject to replacement. You will also be entitled to full coverage of all necessary and appropriate medical costs due to the accident. While New York employers are not usually required to keep a position open for an injured employee, the Family and Medical Leave Act (FMLA) may mean that you will have job-protected leave during your recovery.
If you have recently been injured at work in New York, it is important that you gain a full understanding of your rights. In doing so, you will be able to claim the workers’ compensation that you deserve.