Workmans compensation, or worker's compensation, is a type of insurance program that insures employees for illnesses and injuries that come about at the workplace. This program is mandated by each state and each state establishes their own rules for when an employer must acquire such an insurance. Depending on these state rules, the injured employees receive a portion of their wages while they are off work due to an injury sustained on the job. The states also establish their own rate of workmans compensation when an employee loses a member, is permanently disabled or dies as a result of the work-related injury.
No-Fault Workmans Compensation
In its broadest sense, no-fault workmans compensation is exactly what it sounds like: meaning that the injured employee does not have to go the route of proving negligence in order to recover. The employee, in exchange, usually cannot sue the employer for his or her injuries.
This extends to injuries that happen while simply being employed and not actually getting injured on the job premises. This most typically extends to automobile accidents and the claimant can receive a portion of their salary while they are unable to go to work. In New York, No-Fault Insurance benefits can provide persons injured in a motor vehicle accident with up to 80% of their lost wages. This law makes sure people are not being punished just because they were involved in a car accident in the course of their employment.
This process and handling is one of the many functions of our firm and our staff.
Benefits of Workmans Compensation
The benefits of receiving such coverage are numerous and the types of benefits available to an injured worker depends of the severity of the injury, state requirements and the benefits included as part of the insurance policy. Medical expenses and wage replacement are the most common benefits to be received for a workmans compensation program. However, it may also include vocational rehabilitation, compensation for permanent injuries and survivors' benefits.
Again, many of these issues come down to the state level, so having quality attorneys can go a long way for your wallet. Being out of work because you were injured should not mean financial hardships. You are entitled to comprehensive benefits as you recover and our team of quality lawyers are here to make sure you get the money you are deserved.
Statute of Limitations?
The statute of limitation provides a time limit for which the plaintiff can bring a lawsuit to court without it being overruled. If the time limit that has been passed, a lawsuit for the injury by the plaintiff can never be brought up. There are a number of factors that go into the statute of limitations for workmans compensation and with the services of GB&M, you will be informed of every detail for your case.
If you have any questions about workmans compensation and its laws, please contact us today. Gilbert, Blaszcyk & Milburn are here to service clients across New York and Long Island and will provide you with an expert workmans comp lawyer. Call us today for a free consultation about our services.