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Understanding How Workers Compensation Works

New York Workers Comp Attorney

If you have recently been injured on or off the job, you may be wondering if you will be paid for time off as you recover. Worker’s compensation is one form of insurance policy held by employers to cover work-related illnesses or injuries. Speaking with a New York workers comp attorney from a reputable firm like Polsky, Shouldice & Rosen, P.C. can help you determine if you may be eligible to receive worker’s compensation benefits. Check out the information below for a better understanding of how worker’s compensation could be beneficial to you.

What is Workers Compensation?

Worker’s compensation is insurance for employers to provide healthcare and pay to workers who have been injured or become ill due to a work-related incident. The employee then files a claim that is approved or denied by the insurance company. These policies do not extend outside the workplace. Specifically, they do not normally cover injuries sustained when an employee is off the clock or performing a task unrelated to their job. The illness or injury should be a direct result of the worker’s duties in order to be approved for worker’s compensation benefits. 

How Does it Work?

Your ability to submit a claim for worker’s compensation varies widely depending upon the state you live in. States dictate which businesses are required to carry coverage, the rates and timeframes for paying impacted employees and the penalties for noncompliance. Additionally, states set the timeline for submitting and approving worker’s compensation claims. For instance, staff is normally required to submit a formal report of work-related injury or illness to the employer within ten to ninety days, depending on the state. 

The impacted employee must also submit a claim through the state’s worker’s compensation system. However, the deadlines for this submission are typically longer than the ones for submitting a report to the company. Similarly, businesses and insurance companies must process claims within the timeframe set by the state. This is typically between fourteen and thirty days. If your claim is denied, many states will allow you to appeal the decision at least once within a dedicated timeline.

Are There Different Types of Benefits?

Since not all work-related injuries and illnesses are the same, there are several types of benefits that may be paid once a worker’s compensation claim has been approved. The specific benefits provided vary based on the severity of the employee’s disability. In most states, these are:

  • Temporary total disability benefits
  • Temporary partial disability benefits
  • Permanent partial disability benefits
  • Permanent total disability benefits