New york workers compensation law

New York Workers' Compensation Law is a complex and comprehensive system that provides benefits to employees who are injured on the job or become ill as a result of their employment. Here are some key aspects of the law:

Who is covered?

• All employees in New York State, including part-time and temporary workers, are covered under the Workers' Compensation Law.
• Exemptions include:
  • Independent contractors (unless they are covered under a collective bargaining agreement)
  • Volunteers (unless they are covered under a collective bargaining agreement)
  • Domestic workers (unless they are covered under a collective bargaining agreement)

What is covered?

• The law covers injuries or illnesses that arise out of and in the course of employment, including:
  • Accidents and injuries
  • Occupational diseases and illnesses
  • Mental health conditions (e.g., PTSD, anxiety, depression)
  • Repetitive strain injuries (e.g., carpal tunnel syndrome)
  • Exposure to hazardous substances or conditions

Benefits

• The law provides for the following benefits:
  • Medical benefits: payment for medical treatment and services related to the work-related injury or illness
  • Temporary total disability benefits: payment for lost wages while the employee is unable to work due to the injury or illness
  • Permanent partial disability benefits: payment for permanent impairment or disability resulting from the injury or illness
  • Permanent total disability benefits: payment for total and permanent disability resulting from the injury or illness
  • Death benefits: payment to the employee's dependents in the event of death resulting from a work-related injury or illness

Filing a claim

• To file a claim, the employee must:
  • Notify their employer of the injury or illness within 30 days of the date of the injury or the date the employee knew or should have known of the injury or illness
  • File a Form C-3 (Employee's Claim for Compensation) with the New York State Workers' Compensation Board (WCB) within two years of the date of the injury or the date the employee knew or should have known of the injury or illness

Employer responsibilities

• Employers are responsible for:
  • Providing workers' compensation insurance coverage to their employees
  • Reporting work-related injuries and illnesses to the WCB
  • Cooperating with the WCB and the employee in the investigation and resolution of claims
  • Providing medical treatment and services to employees who are injured or ill on the job

Penalties for non-compliance

• Employers who fail to comply with the law may be subject to penalties, including:
  • Fines
  • Suspension or revocation of their workers' compensation insurance coverage
  • Criminal prosecution

Appeals process

• The WCB has an appeals process for disputes related to workers' compensation claims, including:
  • Initial determinations: the WCB makes an initial determination on the claim
  • Appeals: the employee or employer can appeal the initial determination to a WCB hearing officer
  • Hearings: the WCB hearing officer holds a hearing to review the claim
  • Final determinations: the WCB makes a final determination on the claim

It's important to note that the New York Workers' Compensation Law is complex and subject to change. If you have a question or concern about workers' compensation, it's best to consult with an attorney or the New York State Workers' Compensation Board.