Allan ReichNYS Licensed Workers' Compensation

Representative

TOLL FREE (877) 922-HURT (4878)

Introduction to Workers’ Compensation

What is Workers' Compensation

Workers' Compensation is an insurance policy paid for by your employer, not an entitlement program. You and every employee who works in the State of New York have paid in for years in the event that somebody gets hurt or sick on the job.

History of Workers’ Compensation

– Workers’ Compensation movements began in the early part of the twentieth century.

– Prior to the enactment of workers’ compensation statutes, the law took a harsh view of employee injuries.

– Employers could raise defenses to injured workers’ claims

– Assumption of the risk– Negligence of the employee– Intentional actions by third parties

Persons Who Are Covered Under NYS Workers’ Compensation

– Workers in all for-profit businesses– .County and municipal employees.– Public school aides, including New York City aids. New

York City shop teachers are covered; other– New York City teachers are covered in another system.– Employees of the state of New York, including some

volunteer workers.

– Domestic workers employed 40 or more hours per week by the same employer. This includes full-time sitters, companions, and live-in maids.

– Farm workers whose employer paid $1200 or more for farm labor the previous calendar year.

– Anyone else the Workers’ Compensation Board determines is an employee.

– Religious, educational or charitable nonprofits may voluntarily cover their clergy and teachers.

– Coverage is not mandatory for domestic workers employed fewer than 40 hours a week who don’t live in the employers’ residence.

Persons Who Are Not Covered Under NYS Workers’ Compensation

– People working at educational, religious or charitable institutions that don’t teach or do manual labor.

– People covered by federal Workers’ Compensation laws. This includes postal workers, certain maritime trades, interstate railroad, and federal employees.

– Anyone doing yard work or casual chores at a one-family, owner-occupied home. (A minor handling power-driven machinery, including a power lawn mower, is covered.) There may be coverage under a homeowner’s policy.

– Certain foreign government employees.

– New York City police officers, firefighters, teachers, and sanitation workers are covered by another system. Other uniformed police and firefighters may also be excluded.

– Real estate sales people and media sales representatives who sign contracts stating that they are independent contractors.

– Sole proprietors, partners, and one/two person corporations with no employees may be covered but do not need it under the law.

Workers’ Compensation Benefits

– Workers’ compensation benefits include:

• Medical Care

• Rehabilitation

• Disability

• Death

• Legal Expenses

• Psych Expenses

• Claim Settlement

• Lifetime claims

Determining the Amount of Benefits

– One of the responsibilities of the state Board of Workers’ Compensation is to determine the extent of the employee’s injuries.

Denying Benefits for Claims of Fraud

– All of the benefits discussed so far can be denied in cases where an employee engages in fraud.

– There are numerous kinds of fraud, from employee fraud to medical billing fraud.

Your Employer and insurance companies rights are protected by legal counsel. Your rights should be protected too. Beat the Workers' Compensation maze. Hire Allan Reich, a professional in the field of Workers' Compensation.

Toll Free (877) 922-HURT (4878) www.WorkersCompRep.com