Who Is Liable In A Workers Compensation Injury Case?
The employer would ultimately be liable for the cost of the injuries and every employer in the state of New York is required to have worker’s compensation insurance.
Ideally, the employer would have a worker’s compensation insurance carrier and there would be a carrier who would be liable for making payments and paying for the medical expenses as well as loss of cost of living.
Even if the employer did not have worker’s compensation insurance, the injured worker or the claimant would still be entitled to worker’s compensation payments if there was an uninsured employer’s fund run by the state of New York that would be required to pay.
The employer would ultimately be liable or else they would need to have a worker’s compensation insurance carrier who would be responsible for payment.
Types of Damages Someone Could Recover In a Workers Compensation Case
There are four types of benefits in these types of cases.
The first and the most prevalent one would be weekly wage replacement benefits or indemnity payments. An injured worker would currently be entitled to two thirds of their average weekly wage while they were out of work, to the extent they could prove they were totally disabled. If the person was less than totally disabled, the rate of compensation would have to be adjusted.
This is something that we, as White Plains worker’s compensation injury attorneys, have to argue for all the time. My most common argument would be to make sure the client got the greatest amount of benefits they could while they were out of work.
The second type of benefits would be medical benefits because the insurance carrier would be responsible to pay for all of the causally related medical treatment. Insurance carriers often times try to dispute the medical bills. Another thing our White Plains worker’s compensation injury lawyers do for our clients is to make sure all of the medical benefits were paid for, including prescription benefits, surgical benefits, physical therapy and everything related to the injury itself.
The third type of benefits which not a lot of clients know about, is that they are also entitled to get reimbursed for any out-of-pocket expenses, including traveling back and forth from the doctor. They would be entitled to get paid for bus, cab or taxi fare. These benefits would also be covered under New York state worker’s compensation.
The final type of benefits, are permanency benefits, meaning if someone had a permanent and long-lasting injury, they may be entitled to a lump sum of cash or ongoing weekly benefits into the future.
Someone Receiving Workers Compensation Benefits Would Still Be Eligible For Other Types of Benefits
The long-term disability benefits would usually be governed by a private policy. Our White Plains worker’s compensation injury attorneys would have to check the terms of the policy because often times the long-term disability carrier may take credit for the worker’s compensation payments. The person would generally be able to get long term disability benefits at the same time as they claimed for worker’s compensation.
Unemployment insurance would also be available for people who had a partial disability. If someone was able to return to work in a light-duty capacity, but the employer did not have light duty work, then that person would be able to collect both workers compensation and unemployment benefits up to the amount of their salary, as long as it did not exceed what they were making at the time of their injury.
And finally, social security disability benefits would be available to anyone who was out of work for more than six months. That person would have to prove they were totally disabled. Social security disability would take into account all of the claimant’s injuries, not just the ones that happened at work, including any pre-existing conditions.
The general rule would be for the person to not be able to make more than 80% of their salary between worker’s compensation and social security at the same time.
For more information on Liability and Payment of Damages, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling 914-574-8330 today.