What Is New York State Workers’ Compensation?
In New York State, an employee cannot sue their employer when injured on the job, even if the employer was negligent in some way. Instead, an injured worker may make a claim under the Workers Compensation law, which requires that an employer must provide New York Workers’ Compensation insurance to cover on-the-job injuries.
The employer must pay for this insurance policy and cannot require employees to contribute to the cost. Once an employee makes a claim under Workers’ Compensation, the Workers Compensation insurance carrier will decide whether they are accepting or contesting the claim. The claim will then proceed through the New York Workers’ Comp Board, which is the administrative court that oversees the case.
Although an employee cannot sue their employer in New York State when injured on the job, if there is a third party that was negligent, the injured worker may have a viable third party lawsuit that is separate from the Workers Compensation case and may provide for payments that are not covered by Workers Comp.
I just wanted to let you know how happy I was with the job that Maggie Langdale did in getting me approved for SSDI and maybe more importantly, not having to have a review for another 5-7 years! Now I can concentrate more on my health, especially with the added benefit of Medicare next December.
Maggie went out of her way explaining every step of the process and answering all my questions on the phone or immediately after I emailed her. We reviewed all my answers to the lengthy paperwork and made several important changes. I would definitely advise anyone to use Maggie and your law firm!