Workerâ€™s compensation plays an indispensable role in the nationâ€™s employment system. It ensures that if you are injured while carrying out employment-related duties, your medical costs are covered. Many people, however, wonder if this protection is also extended to part-time employees. The answer is, yes.
New York is not an elective state when it comes to workersâ€™ compensation, meaning that employers do not have the option of deciding whether or not they want to make this insurance available to their employees. Therefore, practically all people employed within the state are entitled to workerâ€™s compensation coverage for the following:
- Medical expenses related to the injuries
- Rehabilitation treatment
- Lost income
What to do after a workplace injury
If you are injured on the job for any reason (even slipping on unmopped water and falling on your way to the restroom), then you must report the incident to your manager immediately and file a report within 30 days if you plan to pursue a claim for workers’ compensation. You have two years from that point to complete a C-3 form and submit it to the Workers’ Compensation Board. If you miss a step or a deadline in the claim process, then you will forfeit your right to compensation for the injury, so make sure that all paperwork is complete and submitted on time.
Workers’ compensation and third party claims
While workersâ€™ compensation is intended to cover lost income and treatment costs, it is not always sufficient. In other words, some injuries are so severe and long-lasting that benefits payments are not enough. New York employees are not permitted to sue their employer for damages resulting from a work-related accident, but you may be able to file a lawsuit against other parties whose negligence or carelessness contributed to your injury. This is known as a third party claim.
Defendants in this type of action may include:
- Manufacturers or sellers of defective tools, equipment, or materials
- Owners of businesses that are kept in an unsafe condition, causing you to be injured while working
- Drivers of vehicles that crash into yours
For instance, if you are driving a delivery truck when another motorist runs a red light and collides with you, then you may be able to sue them for negligent driving. In another example, if a tool you are using to carry out your assigned duties suddenly falls apart the second time you use it, causing an injury, then you could sue the manufacturer if faulty design is found to be the issue.
If you are a part-time employee who is encountering problems with a workersâ€™ compensation claim or claim against a third party for an employment-related injury, then contact a New York personal injury attorney who can investigate your situation, advise you of your rights, and help you fight for the compensation you need and deserve. Jayson Lutzky is a Bronx, New York personal injury and accident lawyer with 34 years of experience. If you were injured on the job, then contact Mr. Lutzky’s office at 718-514-6619 to set up a free in-person initial consultation. Visit www.MyNewYorkCityLawyer.com to learn more.