The Workers' Compensation law was passed in 1914 to ensure that workers who were injured in work-related accidents would receive the medical treatment and rehabilitation necessary to recover from the injury, as well as weekly payments that would partially replace wages lost because of the worker's disability caused by the injury. An injured worker receives these benefits regardless of fault; the clumsy carpenter who accidentally hits his own thumb with a hammer is entitled to the same Workers' Compensation benefits as if he was accidentally hit by his clumsy partner. In 1922, the law was expanded to also include work-related illnesses caused by employment, but not as a result of an accident. Pneumoconiosis (aka "black lung"), suffered by many coal miners, is a good example of such an "occupational disease."
The "up side" of Workers' Compensation is that regardless of fault, the injured worker gets a remedy. The "downside" is that someone who IS injured through the negligence of a co-worker or employer can't sue them--she's limited to Workers' Compensation benefits as the exclusive remedy. This only applies to co-workers and employers, though; if another person is negligent and causes injury to an employee, the employee can pursue both their workers' compensation benefits and a law suit against the negligent third party.
The amount of money an injured worker gets depends on how much money he earned before their accident or occupational disease. A totally disabled injured worker is entitled to two thirds of his average weekly wage (based upon earnings for the year leading up to the accident), up to a maximum of $400/week for accidents occurring on or after July 1, 1992; a maximum of $500/week for accidents occurring on or after July 1, 2007; a maximum of $550/week for accidents occurring on or after July 1, 2008; and a maximu of $600/week for accidents occurring on or after July 1, 2009. As of July 1st 2010, the maximum rate will be $739.83/week. An injured worker with a partial disability rather than a total disability can receive a partial rate, usually less than those maximums.
If you get hurt on the job:
1. REPORT YOUR INJURY TO YOUR SUPERVISOR
2. SEE THE DOCTOR. MAKE SURE HE KNOWS YOU GOT HURT AT WORK.
3. CALL THE LAW OFFICES OF SAMUEL D. FLATT at (718) 544-2767.
I'M HERE TO HELP YOU. |