When someone in New York is injured on the job, they might not be sure what legal heading they can receive compensation under. Having given up their right to sue their employer, they might not be sure what legal remedy they have. Workers’ compensation systems exist for this purpose-to provide insurance for those employees who have been injured or become ill as a direct result of their job. Through this system, injured or ill employees either receive cash benefits and/or medical care for their injury or illness.

Employees do not contribute to the workers’ compensation system-instead employers are solely responsible for the financial cost. In these cases, fault does not have to be determined. This means the amount that is going to be received is not affected either by the employee’s carelessness or the employer’s fault. There are certain instances in which the employee loses their right to a claim, such as if intoxication played a role.

Though the system sounds clear cut, it does not always end up being so. If the employer or the insurance company agrees that the injury or illness was related to their work, then the claim is paid out. However, if either of them disputes it then the claim has to be decided by a workers’ compensation judge and no cash benefits are paid out until the dispute is resolved.

Sustaining an injury during the course of one’s employment can be traumatizing enough, then not being able to afford medical care and going through the legal complexities related to that can be emotionally overwhelming for New York work accident victims injured on the job. They may want to consider consulting an experienced attorney for guidance on asserting their rights.