
Rights of Employees
Right to Compensation
Employees who are injured on the job or contract a work-related illness have the right to file a workers compensation Law New York. This includes injuries caused by accidents, repetitive stress, and occupational diseases.
Medical Benefits
Injured employees are entitled to receive medical treatment for their injuries or illnesses. This includes doctor visits, hospital stays, surgeries, medications, and any necessary rehabilitation services. All medical expenses related to the injury should be covered by workers’ compensation.
Wage Replacement
Workers’ compensation provides wage replacement benefits to employees who are unable to work due to their injury or illness. These benefits typically amount to two-thirds of the employee’s average weekly wage, subject to a maximum limit set by the state.
Protection from Retaliation
Employees have the right to file a claim without fear of retaliation from their employer. It is illegal for an employer to fire, demote, or otherwise discriminate against an employee for filing a claim.
Permanent Disability Benefits
If an injury or illness results in a permanent disability, employees may be entitled to receive permanent disability benefits. These benefits compensate for the long-term impact of the disability on the employee’s ability to earn a living.
Responsibilities of Employees
Reporting Injuries Promptly
Employees must report any work-related injury or illness to their employer as soon as possible. In New York, employees are required to notify their employer within 30 days of the injury or the diagnosis of a work-related illness.
Filing a Claim
In addition to notifying their employer, employees must file a workers’ compensation claim with the New York Workers’ Compensation Board. This involves completing a Claim for Workers’ Compensation Benefits (Form C-3) and submitting it to the Board within two years of the injury or illness.
Cooperating with Medical Treatment
Employees are expected to cooperate with their medical treatment plan, attend all scheduled medical appointments, and follow the prescribed treatment to ensure a timely recovery.
Returning to Work
When medically able, employees should make a reasonable effort to return to work. This may involve light-duty or modified work assignments based on the employee’s physical limitations and the employer’s ability to accommodate these restrictions.
Providing Accurate Information
Employees must provide accurate and truthful information throughout the workers’ compensation process. This includes details about the injury, medical history, and any previous claims.