Worker’s Compensation in Rochester NY is a form of insurance that is required by law. All employers who hire workers, within any business structure, which are not the business partners, are required to maintain this policy. It pays out benefits and covers the cost of injuries sustained while performing work duties. Failure for a company to comply with these laws will result in fines and further litigation. In New York, it could also lead to involvement of the Worker’s Compensation Board.
No-fault Injury Stipulations
In the state of New York, fault is not assigned in worker’s compensation cases. Alternately, cases where it is proven that the employee was intoxicated or under the influence of a controlled substance result in denial of benefits. Furthermore, at any time that it is proven that the employee intentionally sustained injuries in an attempt to file a lawsuit or to cause the injury of a co-worker are also denied. These exceptions are additionally grounds for dismissal of the employee.
How Does It Work?
A claim is filed through the employer’s insurance policy. The employee is not responsible for any medical costs incurred due to the injury. All employers are required to pay these costs until the above-mentioned exceptions are proven. The initial step during an examination is a standard drug and alcohol test. The results are submitted to the employer’s insurance company.
After it is proven that the employer was not intoxicated or under the influence, benefits are calculated based on the amount of time he or she has been employed with the company and the severity of their injuries. The benefits reflect a percentage of their earnings based on the eligibility table. If the injury qualifies for temporary disability, the SSA may approve them for these benefits. Any disability benefits paid are deducted from the overall benefits awarded through Worker’s Compensation in Rochester NY.
Denied Claims
Any employee who is denied worker’s compensation benefits has the right to acquire an attorney. If they were not deemed ineligible due to substance abuse, he or she can file a claim in court. The attorney may further contact the Worker’s Compensation Board to increase the claimant’s odds of receiving an approval of benefits. To know more Click Here.