When the Coronavirus pandemic first hit New York City, many employers had to temporarily shut their doors, forcing workers to adapt to working from home. In a typical work setting, employees are aware that any injury they sustain on the job will likely qualify for workers’ compensation, but how does it impact those who are working remotely? Will workers’ compensation laws become more lenient due to this unprecedented situation? We answer this important question below.
A Typical Workers’ Compensation Claim
In a typical scenario, employees who are injured at work while performing work-related tasks during their regularly scheduled shifts are eligible to pursue a workers’ compensation claim. The same applies to remote workers. As such, according to the New York State Workers’ Compensation Board, things like getting a snack, exercising or getting up to use the bathroom would not qualify for compensation because they are personal activities that are outside the scope of the worker’s employment duties.
In order to help determine the validity of a workplace injury, it’s important to ask (and answer) the following questions:
- Was my employer benefiting from my actions when the injury happened?
- Did I have approval from my employer in advance to perform the off-site activity?
- Did my employer require me to engage in the activity that caused the injury?
If the answer to any of these questions is “yes,” then you most likely have the basis to move forward with a workers’ compensation claim.
Proving the validity of your claim is where an experienced attorney comes in. At Proner & Proner, we not only represent injured workers in New York but in multiple states across the country. We will help you complete all of the necessary paperwork to make sure you are getting the compensation you deserve. Even though recovering from a workplace injury while you’re already at home sounds less disruptive than if it was sustained at a work site, a workplace injury can still create immense havoc in your life that deserves compensation and attention.
What is Covered Under New York Workers’ Compensation?
In New York, injured employees can recover medical expenses for their work-related injuries and lost wages. Workers’ compensation may also apply to individuals who have sustained repetitive stress injuries such as carpal tunnel syndrome or focal hand dystonia.
It’s also important to remember that workers’ compensation covers about ⅔ of an employee’s medical bills and lost wages. A skilled workers’ comp attorney will be able to investigate the details of your injury to determine if you’re eligible to file a third party lawsuit.
Contact A New York City Workers’ Compensation Lawyer To Discuss Your New York Workplace Injury Case
A work-related injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although New York workers’ compensation laws are supposed to provide you with reimbursement for medical expenses and replacement pay for missed time at work, it is not always easy to get the workers’ comp benefits you deserve. That is why you should speak with a knowledgeable workers’ compensation lawyer about your situation and get guidance throughout the claims process. Proner & Proner represents clients in Queens, Brooklyn, Manhattan, Staten Island, and all across New York. Call 212-500-1003 or fill out our online contact form today to schedule a free consultation about your work injury case. Our main office is located at 60 E. 42nd Street, Suite 1503 in New York, NY 10165, and we also have offices in Queens, Brooklyn, Bethel, and the Bronx.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.