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In New York, a worker who is injured on the job is entitled to workers compensation benefits regardless of fault or cause. Benefits are payable to the injured worker even if he caused the accident.
Workers Compensation is a statutory method of providing benefits to employees for injuries or occupational diseases that arise out of and in the course of the employee's work for the employer. The New York Workers Compensation laws provide certain remedies to the injured worker and his/her dependents (in the case of death). These benefits are ordinarily payable to the injured worker or his dependents regardless of the "worker's fault" in causing or contributing to the accident. The laws also generally provide an exclusive remedy to the employee. Therefore, an injured worker generally cannot sue the employer for the work injury. His/her only remedy would be workers compensation.
The Workers' Compensation laws provide three basic benefits to an injured worker:
Hospital and medical treatment
Temporary disability benefits
Permanency awards (when applicable)
Prior to receiving these benefits, the injured employee must notify the employer of his/her work-related accident. Likewise, the employer must report the accident to workers compensation insurance.
This very brief overview only touches the surface of workers compensation law.
To discuss your on the job accident in depth, contact JEFFREY KIM, P.C. at (718)-428-4949 for a free consultation.