Best Work Comp Law Office NY
If you have a job where an injury is even a small possibility, you probably know about the workers’ comp system. This is a system in New York where any workers who are injured on the job are fully compensated for their injuries. However, if you are like most people, you probably have a lot of questions about how the system works. The most common question is about who is eligible for workers’ comp. It is vital for you to understand whether or not you are eligible prior to an injury happening. The best work comp law office in NY can answer all of our questions.
Workers’ Comp Eligibility
There are only two factors that determine whether someone is eligible for workers’ comp:
- The injured worker must be an employee
- The injury must be work-related
These factors are relatively simple, although it can be tricky to understand them sometimes.
First things first, what does it mean to be an employee? This is referring to a specific kind of employment. Types of employment are mostly separated for tax reasons, but it also plays a role in determining workers’ comp eligibility and a few other workers’ rights. If a portion of your paycheck is withheld for tax reasons, then you are an employee. Other types of workers who are not covered by workers’ comp include independent contractors, freelance workers, unpaid interns, and volunteers. The best work comp law office in NY can evaluate your situation to determine if you qualify for benefits.
As a NY workers compensation lawyer can attest, the second factor is a little more complicated to work out. The injury must be work-related, which means it must result from work activity. The easiest way to think about this is to consider whether or not the action which resulted in injury was done for the benefit of the employer.
For example, if Matt hurts his back while unloading heavy boxes from a truck, that would be a work-related injury. He was unloading the boxes as part of his job. On the other hand, if Matt slipped and fell in the break room while eating lunch, that would not be a work-related injury. Taking a lunch break may be part of the job, but it is not done for the benefit of the company. However, if Simon was carrying a heavy box and accidentally dropped it on Matt while Matt was taking his lunch break, that would be eligible again. Even though Matt was not working, the action Simon took which caused the injury was work-related.
If you are unsure whether your injury qualifies for workers’ comp, the best thing you can do is speak with an attorney from the best work comp law office in NY.