The city of White Plains has a reputation for being the shopping and restaurant hub in New York. Since it is a booming economy, many industries are established here. It resulted in more revenue generation but also increased the number of fatal accidents and personal injuries at the workplace.
To protect from losing bread and butter due to any personal injury at work, you must be aware of the compensation laws. And only a White Plains personal injury attorney can help you in protecting from the losses.
What is Workers Compensation Law?
In simple terms, worker’s compensation is an insurance paid in the form of cash benefits and/or medical care to the workers who get injured or become ill as a result of their duties at the workplace. The Workers’ Compensation Board directs how much the employer’s insurance company should provide the victim, including weekly benefits and medical care.
The law also does not determine either of the parties at fault. The amount received by the claimant is neither decreased due to his/her negligence nor increased due to the employer’s faultiness. However, if the claimant is found guilty of intoxication from alcohol or drugs, he/she loses the worker’s compensation benefits. Of course, there can also be other reasons as to why someone may lose their workers compensation. However, the employee more often than not has the right to challenge a denial and look to receive full compensation.
If You Get Injured at Workplace, Do the Following:
According to the Bureau of Labor Statistics, every year, more than 20%-30% of people in the White Plains get a personal injury at the workplace. Some cases go unreported, while some are settled unlawfully. But if you face such a situation, then immediately consult a White Plains personal injury attorney.
Ask for Medical Assistance: Call for medical help and immediately follow the treatment procedure. If your employer participates in the PPO (Preferred provider organization) or ADR (Alternate dispute program), you have to get treatment from designated healthcare providers.
Notify your Superiors: An employee who fails to inform his/her seniors in writing within 30 days of the accident may lose the right to worker’s compensation benefits.
Follow your Attorney’s Instructions: You may have to fill a compensation form called Form C-3 and submit the same to the nearest office of the Worker’s Compensation Board. Your attorney will help you in filling out the information, and you must follow his guidelines.
Benefits from Workers Compensation Law
Once the employee becomes eligible for benefits under the compensation law, he/she will receive cash, medical benefits, supplemental, social security, and death benefits. There are also several basic kinds of disability insurance that still provide cover if one receives benefits from workers compensation so it may be worth looking into those as well for additional support, especially if you miss periods of work due to your disability.
A thorough calculation of benefits occurs before the grant, and you may or may not be eligible for a few other perks. Suppose, if there is no death, then you won’t receive the death benefits. It all depends on the level of disability due to the accident. Even the cash benefits are accounted on the percentage of disability basis as follows:
2/3 x average weekly wage x % of disability = weekly benefit
Who is Covered Under Workers Compensation Law?
As per the New York State law, every employer must provide worker’s compensation coverage to all of its employees. It also includes part-time employees, borrowed employees, leased employees, workers, and family of non-profit organizations, etc.
Even the volunteer firefighters and ambulance workers get coverage under the Volunteer Firefighters’ Benefit Law and Volunteer Ambulance Workers’ Benefit Law, respectively. A personal injury attorney can impart detailed information in this regard.