Does Workers Comp Pay Full Salary In NY?

NY Workers Comp System

It’s the time of year when many people spend money on their loved ones in the form of gifts, cards, and other tokens of appreciation. Whether you’re buying for a coworker, a neighbor, a close friend, or someone else, you may be wondering what to get them. If you’re considering giving them a gift card, you may be wondering if that’s the best option.

In New York State, workers compensation (WC) benefits are paid for by employers, and typically, employers cover the cost of injured employees’ medical care. However, there are circumstances in which the employer is not responsible for the payment of WC benefits, such as when an employee is injured in an automobile accident that is not related to his or her employment. In those cases, employees are eligible to receive disability benefits from the state’s Bureau of Worker’s Compensation.

Workers compensation benefits are generally paid at 100 percent of an injured worker’s pre-injury salary, which is why it’s important to be aware of the following factors when determining whether or not an injury is covered by workers’ compensation:

1. Is the injury job-related?

When an employee is injured in an accident that occurred outside of work, it’s very likely that the injury is not covered by workers’ compensation. However, if the accident happened while the employee was performing his or her job duties, then the WC benefits are usually paid.

2. Was the injury on the job?

If an employee suffers an injury during the course of his or her employment, but it wasn’t caused by a work-related event, then the WC benefits are not paid. If the injury was caused by a non-work-related event, then it is considered “personal injury,” which is not covered by workers’ compensation.

3. What was the nature of the injury?

While an employee may suffer a back injury while carrying a heavy object, the injury may not be considered to be job-related if it was sustained while sitting down. If an employee suffers an injury that is considered to be job-related, it may be possible to receive additional benefits in addition to the regular WC payments. For instance, a WC benefits recipient may be eligible to receive Social Security Disability Insurance (SSDI) benefits, if the injury meets certain criteria.

4. Did the injury occur in a public area?

If an employee is injured in a public area and the accident wasn’t caused by any negligence on the part of the employer, then the WC benefits are not paid.

5. Is the employee receiving treatment?

If an employee is receiving medical treatment for an injury that occurred in a public area, the WC benefits are not paid.

6. Has the employee received a ticket or summons?

If an employee is cited for a traffic violation, such as running a red light or speeding, and the citation was issued after the accident, then the WC benefits are not paid.

7. Are there any third party insurance claims?

If an injured employee has a claim against a third party, such as a car accident victim who sues the driver for damages, the WC benefits are not paid.

8. How much does the employee make?

If the injured employee makes $25,000 or less per year, then the WC benefits are not paid. If the employee makes between $25,000 and $50,000 per year, then the WC benefits are paid at 50 percent of the employee’s earnings.

If the employee earns more than $50,000 per year, then the WC benefits are paid at 100 percent of the employee’s earnings.

There are two types of WC benefits that are paid to injured employees in New York State: medical and wage loss. Medical benefits are paid to treat injuries that are considered to be work-related, and wage loss benefits are paid to compensate the employee for any lost wages.

For more information about workers’ compensation benefits, visit the Bureau of Worker’s Compensation website.