Eligibility and Workers Compensation in New York City

If you are a resident of New York City or you work here, then you may be eligible for workers compensation in New York city. Workers’ compensation is an insurance program that offers benefits to workers who sustain injuries or illness at work. By law, employers in the New York City are required to pay the premium for workers compensation insurance. They cannot ask their employees to contribute to the fund.

Why Workers’ Compensation?

Workers’ compensation was put in place to protect both parties – workers as well as employers. Prior to the workers compensation program, if a worker was injured at work, he or she could sue the employer for negligence, which could cost the employer sometimes millions in settlements or awards to workers. Now however, if the employer is paying for workers compensation, then if the workers wishes to claim the insurance in case of a work related injury, then he or she loses the right to sue the employer. So now, the employer is protected from lawsuits while the worker is given a surer way to be taken care of in case he or she is injured or taken ill while at work.

Eligibility for Workers Compensation in New York City?

A worker is eligible for workers’ compensation from New York City if:

• You work or live in the New York City area

• You worked in New York City on 9/11

• You work in a for profit organization in New York City

• You work in a not-for-profit organization in New York City

Culpability or blame doesn’t impact the payout amount of a claim. This means that it doesn’t matter who was to blame; the payout amount is decided based on the type or severity of the injury or illness sustained during work. The exception to the rule here is if you were found to be under the influence of controlled substances like drugs or alcohol when you were injured, the, you are not eligible for workers’ compensation. Also, if you it were found that you were intentionally trying to hurt yourself or others around you when you were injured or taken ill, then you are not eligible for workers’ compensation either.

A very important point to note is that your employer or the insurance company can dispute your claim for workers’ compensation. For more information of worker’s compensation, you can visit www1.nyc.gov/nyc-resources.