Workers' Comp

Question 1

What is the New York WCL require?

Answer 1

New York WCL requires:

• every employer provide compensation
• to its employees
• for disability or death
• resulting from accidental injury
• arising out of & in the course of employment
• w/o regard of fault

Question 2

Who is eligible to receive Workers Comp?

Answer 2

• Employees
  
  • person who performs work for a for-profit employer
  • certain farm laborers
  • worker engaged in “hazardous employment”
  • domestic worker employed by same employer for 40 hr/wk
  • civil defense volunteer

Question 3

Who is not eleigile for workers’ compensation?

Answer 3

Non-employees

• babysitters
• Federal employees
• Municipal workers
• People performing non-manual work for religious, charitable or educational institutions
• Employees covered by Fed WC
• Members of a religous order

Any person incarerated for a felony

Question 4

What injuries are covered under WC?

Answer 4

• accidental physical injury plus disease/infection that naturally & unavoidably results from the injury
• pure emotional distress or stress injury that is more than usual workplace stress (mental diseases)
• occupational disease that results from the nature of employment & is contracted during the employment
• death resulting from any of the covered injuries

Question 5

What causes of injury or death is not covered under WC?

Answer 5

• intentional wrongdoing of employee/co-employee
• commute to & from work
• employee use of drugs/alcohol while on duty
• voluntary athletic activity unless the employer:
  
  • employee to participate
  • compensate employee to participate
  • otherwise sponsors the activity

Question 6

What is the liability of the employer?

Answer 6

• liability against the employer is exclusive
• precludes any other liability as a result of covered injuries
• the fact that the employee was injured due to the fault or negligence of a 3rd pty does ot affect the employer’s liability
  
  • employer can have a CoA against 3rd pty to recover amt paid for med expenses

Question 7

What remedies does the employer have against 3rd pty?

Answer 7

• although an employee or its dependents may accept compensation & benefits from WC AND a 3rd pty
• the state insurance fund or insurance carrier can have a lien against th 3rd pty compensation for the amount received under WCl

Question 8

What is the subrrogation of rights under WCL?

Answer 8

• If an employee or its dependents fail to seek recovery from a responsible 3rd pty w/in the time limit, the right to bring a CoA is thereby constitutes an assignment of the CoA to the state insurance fund or other insurance carrier
• If the state insurace fund gets money in excess of what they gave the employee under WCL, then they have to give the employee 2/3 of the excess

Question 9

What benefits do you receive under WCL?

Answer 9

• Medical
• Compensation

Question 10

What medical benefits are covered under WCL?

Answer 10

• medicial reinbursement based on a state schedule
• payment made to the physiian/hospital/etc only for treatment arising from a covered injury

Question 11

What compensation benefits are provided under WCL?

Answer 11

• calculated based on employee’s avg. wkly wage @ time of accident
• compensation for death include funeral expenses
• compensation doubled if employee was minor or working in violation of law @ time of accident
• comp received is exempt from claims of creditors or recovery for collection

Question 12

What is the notice requirement for WCL?

Answer 12

• if a compensable injury or death, notice must be:
  
  • in writing
  • w/in 30 days of
    
    • accident causing injury or
    • death resulting from the injury
• EXCEPTION to 30 day rule
  
  • employee unable to give notice for a sufficient reason
  • employer has knowledge or the accident or death
  • lack of notice w/in 30 does not prejudice the employer