Workers’ compensation laws in New York can be confusing. Most of our clients have no idea how to get the process started — or if they even qualify for benefits in the first place. While the only way to be certain if you are covered is to speak with an attorney, there are some general guidelines that can help you evaluate your chances of receiving benefits.
Am I Eligible For Workers’ Comp Benefits?
Almost any injury or illness can qualify you for workers’ compensation. However, even qualifying injuries are not guaranteed to result in benefits. There are several requirements to qualify for workers’ compensation benefits:
- You must be an employee. Independent contractors may not qualify for workers’ compensation, but they have other options and should speak with an attorney to protect their rights.
- You must have sustained the injury, illness or disability in the course of your employment.
- Your employer must carry insurance for workers’ compensation.
What If My Employer Is Uninsured?
New York law requires all employers to carry workers’ compensation insurance, but many fail to do so. If your employer is uninsured, you may be able to bring a personal injury claim to recover your financial losses after an injury. New York also has an Uninsured Employers Fund (UEP) to help injured workers whose employers failed to carry insurance. Speaking with a lawyer — like one of the knowledgeable work injury attorneys at The Klein Law Group, P.C. — is the best way to determine a course of action.
Get The Benefits You Are Entitled To. Call For A Free Consultation.
During your free initial consultation at our offices in Manhattan or Flushing, we will answer your questions about workers’ compensation, evaluate your case and tell you what to expect while seeking benefits. We have two office locations in New York City and Flushing in order to help workers all over the city get the compensation they deserve.