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Workers' Compensation Information

Workers' Compensation Information

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Frequently Asked Questions About New York Workers' Compensation

Q: What is workers' compensation?

A: Generally, workers' compensation provides an exclusive remedy for work-related injuries and illnesses without regard to who was at fault. In New York, a worker injured or sickened on the job is usually eligible for workers' compensation benefits consisting of partial wage replacement, medical bill coverage and some vocational rehabilitation expenses. In the case of a work-related death, workers' compensation benefits are usually available to most surviving spouses and dependent children, to certain other relatives or to the decedent's estate.

Q: What kinds of injuries are covered?

A: New York workers' compensation law provides benefits for injuries, occupational diseases and death arising out of and in the course of employment. Examples of medical problems commonly covered by workers' compensation include repetitive motion injuries like carpal tunnel syndrome; injuries from falls; injuries from contact with dangerous equipment; back injuries and pain; hand and wrist injuries; diseases from exposure to dangerous substances; burns; and mental impairment, unless the psychological injury is caused by an employer's lawful, good-faith personnel action.

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According to the US Census Bureau, the average worker who files for workers' compensation benefits receives $5,848. To find out more about your potential benefits, contact a qualified attorney now.

Workers’ Compensation Information Center

Workers’ compensation benefits may be available to you if your were injured on the job or in performing work duties. Unfortunately, even though you may be entitled to benefits, objections from the State of New York or your private employer can prevent or obstruct the process of collecting the benefits you deserve. At Ouimette, Goldstein & Andrews, LLP we offer aggressive and strategic legal counsel to protect the rights of injured workers and their families. We work efficiently to ensure the timely collection of your workers’ compensation benefits.

An Overview of New York Workers' Compensation

Workers' compensation is the legal mechanism in the United States for compensating employees for work-related injuries, illnesses and death. Although similar, each state has its own unique workers' compensation system and laws. Influenced by innovative German and English workers' compensation laws, New York, an important center of labor and industry, was in the early 20th century one of the first states to establish such a system.

If you or a loved one experiences work-related injury, disease or death while working in New York, for a New York employer or in a job with a connection to New York, an experienced workers' compensation attorney like one from Ouimette, Goldstein & Andrews, LLP in Poughkeepsie, New york, can advise you of your rights and remedies under New York workers' compensation law. Time may be of the essence, so do not hesitate to consult a knowledgeable workers' compensation lawyer as soon as possible.

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New York Workers' Compensation Death Benefits

All too often serious workplace injuries result in death or occupational diseases eventually kill their victims. New York workers' compensation laws provide an economic safety net in the form of death benefits to certain surviving loved ones and dependents of those who suffer work-related deaths.

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Mental Impairment Under New York Workers' Compensation Law

Serious accidents and industrial diseases cause terrible work-related physical harm. Every bit as real and devastating are severe work-related mental impairments. This article will present a short overview of how New York workers' compensation law treats mental injury in the workplace.

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Employee Behavior as Disqualification for Workers' Compensation in New York

In most situations, workers' compensation is the exclusive legal remedy for employees who suffer work-related injury, disease or death. New York workers' compensation law provides for a few instances where a worker's behavior may disqualify him or her from receiving workers' compensation benefits.

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New York Exceptions to the Exclusive Remedy of Workers' Compensation

Workers' compensation is designed to be the exclusive legal remedy for an employee injured, sickened or killed in the line of his or her employment. From a policy standpoint, employees give up the right to bring lawsuits against employers in exchange for certain, albeit relatively modest, compensation. Employers give up the defenses they would otherwise be able to assert in court and take on the cost of workers' compensation coverage, in exchange for immunity from suit and elimination of the threat of excessive damage awards. Here we will explore a few narrow exceptions where workers may be able to bring lawsuits outside the workers' compensation system for work-related harm.

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New York Workers' Compensation Resource Links

New York State Workers' Compensation Board
New York state agency that administers the workers' compensation program. Includes important link to workers' compensation registration form for Sept. 11 workers and volunteers.

New York State Department of Labor
New York state agency charged with workplace safety and job placement services.

New York State AFL-CIO
New York branch of international labor union federation provides information on occupational health and workers' rights.

New York Attorney General
Pamphlet about workers' compensation benefits for occupational disease.

Injured Workers of New York, Inc.
Support and advocacy group for New York's injured workers.

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Contact Ouimette Goldstein & Andrews, LLP Toll Free: 866-383-8785 Local: 845-206-4573

Poughkeepsie Office
88 Market Street
Poughkeepsie, NY 12601
Fax: 845-454-8743

Newburgh Office
843 Union Avenue
New Windsor, NY 12533
Fax: 845-567-0139

Middletown Office
402 East Main Street
Middletown, NY 10940
Fax: 845-342-2032

Rockland Office
2 Crosfield Ave., Suite 210
West Nyack, NY 10956