Understanding Workers Compensation

Columbia SC

09 March, 2021

3:36 AM

Description

Let’s start with what is workers compensation? Workers’ Compensation is an insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job. All Employers pay for this insurance, and may or may not require the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are paid by the employer’s insurance policy, as directed by the States Workers’ Compensation Board. The Workers’ Compensation Board is at the state level, and this agency processes the claims and determines, through a judicial proceeding, whether a worker is eligible and will receive benefits and/or medical care, and how much he/she will receive as a result. If the case goes to court is anybody held responsible for the accident? In a Workers’ Compensation case, no one party is determined to be at fault. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer’s fault. However, a worker loses his/her right to workers’ compensation if the injury results solely from any form of his/her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else. A claim is paid if the employer or insurance carrier agrees that the injury or illness is work related. If the employer or insurance carrier disputes the claim, no cash benefits are paid until the Workers’ Compensation law judge decides who is correct with the claim. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not job-related, he/she may be eligible for disability benefits until a decision has been made. Any payments made under the Disability Program, however, will be subtracted from future Workers’ Compensation awards. Do I need a lawyer for a Workers’ Compensation case? We suggest that you NEVER try to represent yourself in any legal action. It is the fastest way to lose any legal battle. Attorneys are trained in their stated fields and nothing could be more important to your families future than to have an experienced legal team to assist and guide the injured worker in their financial claim. The insurance companies have never been in business to pay an injured worker his/her full benefits and will never act in the best interests of the injured worker. Insurance companies are in the business of making and keeping the most income they can. This does include denying cases that without a doubt should be paid. If you are disabled form your job and not collecting any Workers’ Compensation payments, you may still be able to collect unemployment or other disability benefits. Under certain circumstances in New York, an injured worker can apply for unemployment or the New York State disability benefits. Each case must be viewed individually to make this determination. However, when a worker is deemed partially disabled and unable to do his particular job, yet able to perform light duty work which is not available, he/she may apply for unemployment benefits. The injured worker may also collect a partial payment from Workers’ Compensation. Contact your Workers Compensation Attorney Staten Island NY Today! Savino & Smollar 60 Bay St, Staten Island, NY 10301 (718) 448-8121 https://www.savinosmollar.com