These refer to regulations in each state that compel employers to cover the expenses that an employee incurs resulting from an injury at work. So how does the worker’s compensation law work? This specific outline is legally applicable and relevant to workers comp laws in Staten Island, NY and the greater five boroughs region of New York. Read on.
Eligibility for Worker’s Compensation
For one to be eligible for worker’s compensation, there are a few conditions that must be fulfilled first. These are;
- Availability of Cover By Employer
It is easy to assume that all employers will have a cover in place for all their employees. However, this is not always the case as rules vary from state to state. In some states, the requirement is that if an employer has more than one employee, he or she must have a cover, in others cover is required if they are more than five. In some other states, the organization may even be excluded from this law entirely.
- One must be an employee
If you have visited a friend at their place of work and get injured while there, it is good to understand that no compensation is available for you. One must be employed by that particular employer for whom they were working for when the injury occurred for them to be compensated. This underlines the importance of always discussing your contract and making sure that its period has not expired.
- Injury Must be Work Related
You may be injured at your place of work, but the injury might occur out of your action that was not work-related. Think of colleagues who like swinging on the rails as they ascend the staircase. The injuries they incur are not work-related, and therefore in a legal battle with the company, they are not eligible to be compensated. Before claiming compensation, it is essential to understand the nature of your injury and if it is work related.
- Reporting and filing for compensation
Like any other legal procedure, a form has to be filled for one to file for lost earnings compensation if injured at work. It is important to be keen here so that all the requirements are met. Many people fail to obtain their compensations due to the failure to file the compensation as is required. The necessary deadlines also have to be factored in during the reporting and filing of the compensation claim.
What Costs Are Covered Under Worker’s Compensation?
There are a variety of costs that are covered under worker’s compensation; the following are some of the most common ones.
- a) Lost Wages; The most common of all compensation is lost wages. Here, the employee is compensated a percentage of or all the wages that he or she might have earned in the duration that they were injured.
- b) Medical expenses; The employee might also get their hospital bills covered for them. In most instances, however, this is covered indirectly via the employer’s insurance cover.
- c) Disability Payments; Some injuries may be life-changing on the employee and could result in disability. Under Worker’s compensation law, an employee out to be compensated for this.
Savino Smollar Workers Comp, Injury & SSD Law 60 Bay Street #703 Staten Island, NY 10301 (718) 448-8121 https://statenislandinjuryaccident.com