If you were injured or developed an illness at your workplace, you may be eligible to file a workers comp claim. If the accident happened in New York City, NY, you most likely searched workers compensation lawyer New York City, NY. You found Markhoff & Mittman P.C. New York City location, let us help you.
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When an employee suffers an injury in the course of their employment, it is often the responsibility of the employer to cover the costs of medical care and disability benefits. This may include benefits for lost wages, or "compensation," as well as medical care and rehabilitation. In many cases, the employee is also entitled to additional benefits, such as permanent partial disability payments.
Workmen Compensation is a system that was originally established to protect workers in certain occupations who are injured on the job. The goal is to provide compensation to injured employees, in exchange for not suing their employers in civil court. The idea is that employers should be able to afford compensation for their workers, as well as providing medical care and training to help them recover.
For most workers, however, the reality is that the law doesn't always work out that way. Employers often can't afford to pay for compensation, and sometimes fail to properly maintain their workplaces, causing further injuries. In some cases, workers aren't covered by the system at all, or have inadequate benefits.
To be covered by the workmen's compensation act, an employer must have paid into the system in the past. If the employer has been paying into the system for three years, then the employer is eligible to participate in the system.
In order to receive workmen's compensation, you must have proof that your employer is insured. The state can demand this proof, and may also fine the employer if they cannot produce it. This can be a challenge for small businesses, as they may not have the time to keep up with the paperwork. It is possible to receive temporary workmen's compensation, but the process of filing for that may be more difficult.
If your employer isn't insured, then they are not required to pay into the system, and they are not covered under the workmen's compensation act. Your only recourse is to pursue an individual claim with the state. You may be able to collect disability payments on top of that, or you may not be able to.
If you're injured on the job, you have the right to medical care and disability payments. If your employer is insured, they must provide these benefits. If they fail to do so, you are entitled to sue in civil court. The employer may have to pay your medical expenses, and they may also have to pay for lost wages and disability payments.
The cost of the system depends on the size of the business. Smaller employers are charged less per employee. The cost can vary widely from one state to the next. In some states, the cost is over $2,000 per employee.
The workmen's compensation act limits the amount of money that you can receive in compensation. The limits vary from state to state, and you must file for benefits within 180 days after the date of the injury. Most states have a limit of $1,500 per month, and some have higher limits. The maximum amount of compensation that can be received in any year is $250,000.
You may still be able to file a claim against the employer. If they go bankrupt, however, you will not be able to receive benefits.
What are the consequences of not having workmen's compensation insurance?
Not having workmen's compensation insurance can have serious consequences. If an employer is uninsured, then they are responsible for all medical costs and disability payments. The employer will also be liable for any lost wages or lost earning potential.