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If you’re a worker in New York City, it’s important to understand what rights you have in the event that you get injured on the job. Workers compensation insurance is paid for by companies to financially protect workers who are injured or ill. Not only does workers compensation pay for medical expenses, but it can also provide weekly cash benefits to workers who must take a leave of absence because of their injury.

When a worker gets injured or falls ill, they must apply for workers compensation benefits; however, fault does not play a factor in how much money they’ll receive. If they were negligent in their own injury, their benefits will not be decreased. Similarly, if the employer played a role in causing the injury, the benefits will not be increased. Workers compensation benefits won’t be approved, however, if the injury was due to drugs or alcohol influence or intentionally self-infliction. 

When applying for workers compensation, the employer’s insurance carrier simply needs to agree that the injury or illness was caused by work-related factors. A process is put in place that allows workers to dispute denied claims. 

Taking Legal Action for Work-Related Injuries

While all workers must file a workers compensation claim if their employer was at fault for causing an injury, private legal action can be taken if a third party contributed to causing the injury. For example, a construction worker in Long Island suffered a traumatic brain injury when his nail gun malfunctioned on a job site. 

While his injury happened at work, the nail gun manufacturer was at fault for causing his injury. Instead of filing for workers compensation, he was able to hire an workers comp attorney in Long Island and sue the nail gun manufacturer for his damages. 

Another situation in which a third party may be sued as opposed to filing for workers compensation could involve a government pipe exploding on a job site and causing injuries. If the pipe was the responsibility of the government as opposed to the employer, the government can be sued for all damages. 

Whether your employer is at fault or a third party is at fault, you should be protected for all work-related injuries in the state of New York thanks to the workers compensation law. You deserve a fair share for any suffering you experience, so don’t be afraid to fight for it.