Westchester County is the second-most populous county after the Bronx, located on New York Mainland. Due to its proximity to NYC, several companies have headquarters in Westchester County, with industries spanning from high-tech, pharmaceutical, biotechnology, food and beverage, and manufacturing.
With a broad industrial exposure, Westchester is prone to workplace accidents. The state of New York reports that non-fatal workplace injuries have an incidence rate of 2.2 cases per 100 full-time employees. Though lower than the US national rate of 2.8, work-related injuries and illness are commonplace in Westchester.
In several cases, workplace accidents occur due to sudden incidences of slip and fall, flying debris in construction projects, and repeated physical motions such as back injury or inhaling airborne chemicals. Though New York law entitles all employees to a guaranteed workers compensation benefit, there are circumstances where you will need Westchester County personal injury lawyers to maximize your claim and pursue additional compensation benefits.
New York Workers Compensation Benefits
Workers compensation benefits that are covered under the ambit of the law include:
- Medical Treatment-You can make claims for medical treatments to cover injuries, including medicines, health aide services, medical equipment, and travel expenses.
- Loss of wage recovery- If you are disabled for more than seven days, you can expect monetary compensation to replace a portion of your lost earnings and be paid daily according to your days of disability. You may also be eligible for a cash award even if you are not away from work. These benefits are determined based on your average weekly wage and are paid weekly as two-thirds of the average in case of temporary disability.
- Scheduled Loss of Use- If you have injured body organs such as a leg, arm, or foot, you may be entitled to a Scheduled Loss of Use award. These kinds of benefits may be disbursed even if you are not disabled from working.
- Death benefits- In the event of unfortunate death, your survivors can claim benefits.
- Disability benefits- If you are disabled for a long time or permanently disabled due to the injury, you can earn disability benefits. This is fixed according to the loss of wage-earning capacity and is capped based on the severity of your disability. For permanent disability, the benefits are not capped and will continue for life or until you can return to work.In NY, with about 43 percent of private industry employment, the education, health services, trade, transportation, and utility industries accounted for 53 percent of the occupational injuries and illnesses.For an accident to qualify under the coverage of workers’ compensation insurance, employees must be able to prove that they were injured on the job, whether on the premises or in the course of work.
Pursuing Compensation Claims and Benefits in Westchester
NY has the highest workers’ compensation rates in the US. When making claims for workplace injuries in NY, you have the right to pursue benefits according to the workers’ compensation ‘exclusive remedy.’ You cannot file a claim beyond the benefits outlined in the workers’ compensation law.
However, in some cases, where a third party was responsible for your injury or illness in the workplace, you can file claims for all losses, including pain, suffering, medical costs, loss of wages, etc. West Chester personal injury lawyers can help you uncover rightful compensation for your injury’s full extent beyond the workers’ compensation benefits.