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Workers’ Compensation Employers’ Responsibilities
Have you been injured?
Find out if you have a case today!
Nearly every employer in NYC is required to carry some form of workers’ compensation insurance. Whether the employer chooses to maintain the insurance through an insurance carrier or obtains Board authorization to self-insure, employers have a legal obligation to ensure their duties are fulfilled to protect workers injured on the job—even if the employer has only a single employee.
However, the employer’s responsibilities don’t simply end with purchasing workers’ compensation insurance. At Proner & Proner, our top-rated injury lawyers are here to help you understand your rights under NYC workers’ compensation laws.
Workers’ compensation laws are in force in order to protect both employees and the employer. In exchange for reducing the possibility that they will be subject to lawsuits for work accidents, employers have certain responsibilities under NYC workers’ compensation laws. When the employers’ responsibilities are not fulfilled, you may have the right to financial compensation.
If you suspect that your employer has not fulfilled the responsibilities required under NYC workers’ compensation law, call or contact our office for a free case review to see how we can help today.
In addition to maintaining workers’ compensation insurance, NYC employers must provide employees with notice of that coverage. All employers have a responsibility to post a notice of workers’ compensation coverage using Form C-105, which the insurance carrier provides. That notice must:
Additionally, all employers’ responsibilities under NYC workers’ compensation laws include a duty to:
Importantly, employers have a responsibility to refrain from discriminating against any employee who makes a claim for workers’ compensation benefits. If you feel that your employer has retaliated against you for claiming workers’ compensation benefits, you may have the right to file a lawsuit for compensation.
This is the case whether the employer has discharged you or otherwise taken action to punish you based on your work accident, which can include:
Employers who fail to provide workers’ compensation insurance in accordance with NYC law can be subject to steep penalties. For example, the employer will be subject to:
Further, the employer can be held personally liable for compensating you. This means that it is not only the business that can be sued for compensation, it is the actual business owner, even if that owner is a corporate officer in some cases.
If you are employed in NYC, you have the right to expect protection under workers’ compensation laws. When your employer fails to live up to their end of the bargain, you may have the right to pursue a lawsuit to get the compensation you deserve.
To learn more about your employers’ responsibilities, call or contact our skilled NYC workers’ compensation lawyers at Proner & Proner today for a free case review.
It is not necessary to prove that workers’ compensation claim was the only reason your employer discriminated against you. Generally, we will work to prove that a substantial reason for your demotion was your workers’ compensation claim.
Workers’ compensation generally provides compensation for medical bills, part of your lost wages and disability. If you have the right to file a personal injury lawsuit against the employer, you have the right to recover:
– All of your lost wages,
– Compensation for intangible harm, like pain and suffering and emotional distress,
– Compensation for your future lost wages,
– All out-of-pocket expenses related to your injury.
Workers' Compensation Verdicts & Settlements
Male, 35: Workers' compensation
Our client was changing a pump strainer on a hot air furnace when he stepped on a board and fell through the ceiling.
Injuries: Herniated disc which required surgery
Male, 27: Workers' compensation
Our client was performing routine maintenance on an air conditioner. He had to use a wooden ladder, which slid on a slippery floor, making him fall.
Injuries: Three fractures in his ankle requiring surgery
Female, 49: Workers' compensation
Our client fell off a two-story-high ladder at her workplace.
Injuries: Multiple fractures of both arms requiring surgery
Male, 59: Workers' compensation
Our client fell into an elevator shaft at his workplace.
Injuries: Five broken ribs, punctured right lung, liver laceration, soft tissue ankle and hip injuries
Road Rage Incident
Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.
Hit and Run
Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.
Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.