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Types of Workers’ Compensation
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Workers’ compensation benefits are an essential financial lifeline after a workplace injury in Ellicott, NY. However, it’s hard to figure out your budget if you don’t know the benefits available to you and what they cover.                                           

At Fessenden Laumer & DeAngelo, PLLC, we’ve fought for the rights of injured workers in Southwestern New York for over 30 years. Thousands of workers have claimed the benefits they need with our help, and we can also see if you can recover additional compensation through a personal injury claim. We’re here to pursue the benefits you’re owed from your employer’s insurer so you can focus on your recovery, not on winning a complex legal battle. Call now or complete our contact form for a consultation with a seasoned New York workers’ comp attorney for your Ellicott work injury.

What Is Workers’ Compensation?

Workers’ compensation is a no-fault insurance system that helps workers who get hurt on the job or while performing work-related duties. This means injured employees in Ellicott can receive financial assistance without needing to prove that their employer caused the injury. For example, someone who slips and falls at their job and sustains a back injury would likely qualify for workers’ comp benefits. The same is true for someone who gets hit by another driver while running an errand for their boss or making a delivery. However, workers’ comp generally does not cover injuries workers sustain during their commute to or from work.

Who Qualifies for Workers’ Comp Benefits in New York?

Nearly all New York employers must provide workers’ comp benefits for their workers, even for part-time, temporary, and seasonal employees. It doesn’t matter how many hours someone works or how long they’ve been on the job—if they’re injured doing their job, they’re likely eligible for benefits. New York also goes further than many other states by extending coverage to specific independent contractors. This includes people in high-risk jobs like truck driving and construction. If a worker in one of these roles gets hurt while performing their duties, they may still qualify for workers’ comp, even if they aren’t classified as an employee. The caveat is that in each case, the worker must pass a two-pronged test to show that they aren’t independent contractors.

Types of Workers’ Compensation Benefits for Ellicott, NY, Workers

Injured workers in Ellicott can claim several types of workers’ comp benefits to support their recovery after an injury. Those benefits include:\

  • Medical benefits – Workers’ comp covers all necessary medical treatment related to a work injury or illness. This includes doctor visits, hospital stays, surgeries, medications, physical therapy, and other approved care. There are no out-of-pocket costs for treatment, as long as the state Workers’ Compensation Board approves them and they’re from an authorized provider.
  • Temporary disability benefits – If an injury prevents a worker from doing their job for more than seven days, they may qualify for temporary disability benefits. These payments replace part of the worker’s lost wages while they recover. The amount depends on how much the worker earned before the injury and the extent of their disability. There are also statutory limits on temporary disability benefits.
  • Permanent disability benefits – Some work-related injuries lead to lasting impairments that never fully heal. In these cases, injured workers may qualify for permanent disability benefits. These benefits are based on how severe the permanent damage is.
  • Vocational retraining – Workers who can’t return to their previous jobs due to injury may qualify for vocational retraining. This benefit helps workers learn new skills or find a different career path that fits their physical limitations.
  • Death benefits – If a worker dies from a job-related injury or illness, their surviving family members may receive death benefits. These payments help cover funeral expenses and provide ongoing financial support to dependents such as spouses or minor children.

Steps in an Ellicott, NY, Workers’ Comp Claim

Once you see a doctor for a work-related injury, it’s vital to start your workers’ comp claim as soon as possible. Here are the steps to take to protect your right to workers’ comp benefits:

  • Report the injury to your employer within 30 days – After getting medical attention, you must notify your employer about the injury as soon as possible. State law gives you up to 30 days, but sooner is always better to avoid delays or complications. Make your report in writing so there’s a definite record of your claim.
  • File a claim with the New York Workers’ Compensation Board within two years – To officially start the process, you must file Form C-3 with the Workers’ Compensation Board (WCB). You must submit the form within two years of your injury or the date when you became aware of a work-related illness.
  • Your employer reports the injury to their insurance carrier – Once your employer knows about the injury, they must notify their workers’ comp insurance company and file Form C-2F with the WCB within 10 days.
  • Attend follow-up medical appointments – While you can pick your doctor to treat your injury or illness, make sure they’re authorized by the WCB. Keep up with your treatment and attend all required medical exams, as your benefits depend on it. Additionally, check to determine whether your employer has a Preferred Provider Organization. If they do, you must choose a doctor who participates in their program.
  • Cooperate with insurance and Board inquiries – The insurance company may investigate your claim and request additional information. Respond promptly to any questions or paperwork to avoid delays in receiving your benefits.
  • Follow through with benefit reviews or hearings. – In some cases, the WCB may schedule a hearing to decide your claim or settle a dispute with your employer. Talk to a workers’ comp lawyer to prepare yourself, and bring any relevant documents or witnesses.

Most Common Causes of Work-Related Injuries

While the type of injury you sustain doesn’t affect your eligibility for workers’ comp benefits, some work-related injuries are more common than others:

  • Slips, trips, and falls – Wet floors, uneven surfaces, or cluttered walkways can easily lead to accidents in the workplace.
  • Overexertion – Lifting, pulling, or carrying heavy objects often causes muscle strains or back injuries.
  • Falls from heights – Workers in construction or maintenance face severe fall risks when working on ladders, scaffolding, or rooftops.
  • Repetitive motion injuries – Repeating the same movements, like typing or using tools, can lead to conditions like carpal tunnel syndrome.
  • Being struck by objects – Falling tools, moving equipment, or unsecured materials can cause head, neck, or body injuries.
  • Vehicle accidents – Workers who drive as part of their job often sustain injuries in crashes, even if the accident wasn’t their fault.
  • Machinery accidents – Malfunctioning equipment or a lack of proper safety guards can result in serious injuries, particularly in factories and construction zones.
  • Workplace violence – In rare cases, disputes between employees or assaults by customers can cause physical harm.

Third-Party Personal Injury Claims for Work-Related Injuries

You usually can’t sue your employer for a work-related injury in Ellicott. However, you can sue a third party who contributed to your injuries, such as a careless driver or the manufacturer of defective equipment. Unlike with workers’ comp benefits, you must prove that someone else was at fault to win a personal injury claim, but these claims provide compensation that workers’ comp doesn’t. Your potential compensation in a third-party injury claim could include money for:

  • The full amount of your lost wages
  • Pain and suffering
  • Emotional distress
  • Damaged personal property

Call Our Southwestern New York Workers’ Comp Lawyers Now

Fessenden Laumer & DeAngelo, PLLC, understands your challenges after a workplace injury, and we can help. Our extensive experience with workers’ comp and personal injury cases means we can handle all the legal work while you focus on healing. Call now or complete our contact form for a free consultation.

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