If an employee in New York can’t work because of an on-the-job injury, they may be able to draw workers’ compensation. Employers in New York must provide this coverage for part-time and full-time employees.
New York workers comp overview
Workers’ compensation replaces two-thirds of the employee’s income while they heal from injury or illness, which pays medical, funeral and disability benefits. Offering workers’ comp is a trade-off for the employer not to get sued for negligence by the employee. An employee must report injuries to the employer within 30 days of the accident and see a workers’ comp board-approved doctor.
New York law defines employee as someone who does day labor or works under the control of the employer on or off site. The only exceptions to the coverage requirement are individual ownership, partnership or cooperation with no employees, and contractors not under employer control. The exceptions for nonprofit groups include clergy members, people working in return for aid, nonprofit teachers or amateur nonprofit athletic groups.
Compensable injuries
Employees may receive benefits for many types of injuries and illnesses, but they must meet the criteria. The Occupational Safety and Health Administration defines work-related injury as caused by an event or environment related to employment. The injury must have been caused by work in the scope of employment or duties that the employee is expected to perform.
Some examples of compensable injuries include sprains, strains, broken bones, burns, sciatica, back injury, hearing loss and mesothelioma. Workers’ compensation will not usually cover self-harm, stress, injury from substance abuse or injuries from breaking company policies. While horseplay injuries are not commonly covered, there may be exceptions if an employee got caught in it.
Certain injuries are usually harder to prove, such as lung cancer or hypertension caused by work. However, some high-stress jobs are given immunity from laws, which include firefighters and police. Regardless of the injury type, it may be possible to get compensated, but employees only have so long to file claims.