Regardless of the industry a person works in there is always a potential for danger. Accidents and injuries could hinder an individual’s ability to work or earn a living. Luckily for workers, in most states employers are legally required to carry workers’ compensation insurance coverage. In the event a worker sustains a workplace injury or an occupational disease, this type of insurance can provide them with cash benefits. If you have been hurt while on the job, please don’t hesitate to contact a skilled Queens Workers Compensation Attorney who can help investigate the cause of the accident as well as prove you qualify for workers’ compensation benefits.

Who is required to carry workers’ compensation in New York?

In New York, employers that have one or more employees are legally required to obtain workers’ compensation insurance coverage. Essentially, workers’ compensation is a special type of no-fault insurance coverage that provides benefits for workers who have sustained workplace injuries or have developed an occupational disease. Depending on the extent and severity of a worker’s injuries or illness, they may not be able to work for a lengthy period of time or they may lose their earning capacity entirely. Those who qualify for workers’ compensation benefits may receive compensation for medical care, wage replacement, vocational rehabilitation, and disability. However, to qualify for these benefits, workers must report their workplace injury or discovery of an occupational disease to their employers within 30 days. Additionally, they must file a claim. After being notified employers must report it to their insurance company. Virtually all employers must acquire workers’ compensation coverage for both full-time and part-time workers. However, there are exceptions. If a business is two-person owned where both parties own all of the stock and separately hold offices, they are exempt from having to carry workers’ compensation.

Does COVID-19 count as an occupational disease?

In some cases under certain circumstances COVID-19 may be covered by workers’ compensation as an occupational disease. However, it can only be covered by this type of insurance if a worker can prove they were exposed to COVID-19 as a direct result of their occupation. This means if a worker’s occupation such as a first responder was at a significantly higher risk of developing the illness due to the nature of their occupation. Some occupations put certain workers at a higher risk of exposure to COVID-19. COVID-19 is a serious illness that can prevent an individual from working. It is extremely crucial to acquire the right legal representation who can help a worker with COVID-19 prove they were at a substantially higher risk of exposure to COVID-19 due to their occupation.

If you have been hurt while working, reach out to one of our experienced attorneys who can help you prove you should receive these types of benefits.