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Do I need to prove negligence to receive Worker’s Compensation?

On Behalf of | Nov 12, 2021 | Workers' Compensation |

Getting an injury is not only painful, but it can also make you spend a lot of money on treatment and lose wages if the injury prevents you from working. However, if you got an injury or contracted a disease on the job, you do not have to suffer these losses. As a worker of New York, your employer has to compensate you for any injury or disease you get on the job, even if it was merely accidental. It is your right to get your worker’s compensation benefits, and you can fight for them in court.

The workers’ rights

Every employer in New York must purchase worker’s compensation insurance for their workers. Through this insurance, employers compensate their workers’ medical expenses and lost wages if they get hurt on the job. In New York, no one is determined at fault in a worker’s compensation case, which means that, if you got an injury on the job, you can ask for this compensation regardless of how or why the accident happened.

Invalid claims

Your employer must compensate you for any injury you get on the job, even if it was completely accidental and had nothing to do with them. However, that does not mean that you can get your benefits for any injury. For example, you may not get compensation if you got hurt in a fight with a coworker or if you got hurt for being under the influence of a substance.

Fighting back

If you got an injury or contracted a disease on the job, you do not have to pay for your medical expenses or lose your wages if you cannot get back to work. Your employer has to compensate you for these losses, even if they did not cause them. This is your right under the law in New York, and you have the power to fight back if your employer or their insurer disputes the claim.

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