Workers' Compensation Information
Workers' Compensation Information
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 one of the first states to establish such a system in the early 20th century.
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.
History
In 1909, faced with increasingly dangerous industrial workplaces and a growing but relatively powerless workforce, the New York legislature appointed the Wainwright Commission to investigate deteriorating work conditions and propose a solution to the conflict between employers and workers about how to compensate injured employees. The commission recommended adoption of a workers' compensation system similar to fledgling systems in Europe wherein an employer would automatically reimburse a worker a set amount for work-related injury without regard to the fault of either party. This would eliminate the need for an expensive court action by the poor worker, wherein he or she was not likely to prevail anyway because of controlling legal precedents of the time. On the other side, the employer would not be tied up in court, subject to uncertain outcome. Other goals of the recommendation were to ease tension between the two sides and to increase workplace safety.
In 1911, a terrible fire at the Triangle Waist Company in Manhattan claimed the lives of 146 young immigrant textile workers trapped in the upper floors of an industrial building. Against the backdrop of a horrified public outraged at the conditions under which these victims had worked, the New York Constitution was amended to accommodate the passage in 1914 of an enforceable New York workers' compensation law. To this day, the law has been continually modified in response to changing industrial and social conditions.
The Picture Today
Almost all New York employers and employees are subject to the state workers' compensation laws or to other similar state or federal systems. These employers must maintain adequate insurance coverage or an equivalent vehicle to pay employee claims for work-related injury, sickness and death. New York administers an Uninsured Employers Fund (UEF) for workers whose employers fail to maintain proper coverage.
Typically, when an employee is injured or sickened, he or she provides required notice to the employer and files a workers' compensation claim with the New York Workers' Compensation Board (WCB), the state agency charged with administering the workers' compensation system. In most cases, the employer pays the appropriate compensation to the injured worker, consisting of partial wage replacement, medical bill coverage and sometimes vocational-rehabilitation services. If the employer contests the claim, the WCB decides whether benefits are appropriate. At this stage, either party can request a hearing before a WCB referee and can be represented by an attorney.
If either party disagrees with the decision of the WCB granting or denying benefits, the WCB has mechanisms for review or appeal of the decision within the agency. The final decision of the agency can be appealed to the New York state court system.
Protect Your Rights
Many people experience injuries at work, such as carpel tunnel syndrome, back injury or burns. Also prevalent are occupational diseases from dangerous workplace chemicals or substances, like asbestos or lead. Tragically, all too often these conditions even result in death. Remember to protect your New York workers' compensation rights and consult a skilled workers' compensation lawyer such as one at Ouimette, Goldstein & Andrews, LLP in Poughkeepsie, New york, as early as possible.
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