Suffering an accident or injury at work can significantly set back your career. Being out of work for an extended period of time can compromise your ability to provide for yourself and your family and negatively affect your future employability. When recovering from a workplace injury, the last thing you want to do is worry about finances. The good news is that the vast majority of injured workers in Ronkonkoma and elsewhere in New York are eligible for workers’ compensation benefits, which can provide a much-needed lifeline. Our Ronkonkoma work-related injury attorneys can help you obtain the benefits to which you are entitled.
How Widespread Are Workplace Accidents?
Workplace accidents are unfortunately widespread and are increasing at an alarming rate. According to the latest data from the National Safety Council (NSC), there were a total of 4,695 preventable injury-related deaths in workplaces nationwide, which is an increase of 5% over 2021. The rate of preventable injury-related deaths was 3.2 per 100,000 full-time equivalent workers in 2022, up from 3.1 in 2021. Overall, a total of 159,379 workers were injured in work-related accidents in 2022, at a total cost of $167 billion.
Common Types of Workplace Accidents
Workplace accidents and injuries vary across industries. For example, workers in the manufacturing industry are more likely to be injured by heavy equipment than delivery workers, who, in turn, face a high risk of injuries due to automobile accidents. That being said, according to the NSC, the top causes of work-related injuries were as follows:
- Exposure to harmful substances, including electricity, radiation, temperature extremes, infectious diseases, air and water pressure changes, and traumatic or stressful events
- Overexertion and bodily reaction, including both repetitive motions (i.e., tasks resulting in repeated strain on a certain part of the body) and non-impact injuries (i.e., injuries caused by discrete instances of physical effort)
- Slips, trips, and falls, including slipping without falling, falling onto the same level, falling to a lower level, and jumping to a lower level
- Contact with objects and equipment, such as a moving object striking a worker, a part of a worker’s body coming into contact with an object, and a worker striking against an object or piece of equipment
- Workplace violence, including violence from both persons and animals
The top five most dangerous injuries based on the rate of preventable fatal work injuries were:
- Agriculture, forestry, fishing, and hunting (18.2 injuries per 100,000 workers)
- Mining (16.1 injuries)
- Transportation and warehousing (12,9 injuries)
- Construction (9.2 injuries)
- Wholesale trade (5.0 injuries)
If you have suffered these or other work-related injuries, you should consider speaking to a Ronkonkoma work-related injury attorney to discuss your options.
Resources for Injured Workers in Ronkonkoma
Most workers who suffer accidents and injuries on the job in Ronkonkoma are eligible to claim workers’ compensation benefits, which include both medical and financial assistance. These benefits often serve as a critical lifeline to employees while they recover from their injuries and prepare to return to work.
Covered Employees
Almost all workers in New York are required by state law to be covered by workers’ compensation insurance, including:
- Full-time, part-time, temporary, seasonal, and borrowed employees of for-profit enterprises
- Farm workers
- Domestic workers
- Casual and day laborers
- Employees of the State of New York
- Municipal employees engaged in certain hazardous activities
Unfortunately, not all workers qualify for workers’ compensation benefits. The most common categories of workers who are not required to be covered by workers’ compensation insurance include:
- Independent contractors
- Sole proprietors with no employees
- Partnerships, LLCs, and LLPs that do not have employees
- Clergy and members of religious orders
- Teachers at non-profit institutions
- Police officers, firefighters, sanitation workers, and public school teachers in New York City
Keep in mind that it is not uncommon for employers to attempt to circumvent their workers’ compensation requirements by incorrectly classifying employees as independent contractors. When determining whether a worker is an employee or an independent contractor, the New York State Workers’ Compensation Board looks to the nature of the working relationship between the parties rather than to what the parties call the working relationship. If you think you have been incorrectly classified as an independent contractor, a Ronkonkoma work-related injury attorney can assist you.
Covered Accidents
Workers’ compensation in Ronkonkoma is a no-fault system, meaning that workers are entitled to benefits even if they were at fault for their injuries. The benefit of this system for workers is that it relieves them of having to prove fault on the part of their employers, which generally makes it easier to obtain benefits. The drawback is that employees in most cases cannot pursue personal injury actions against their employers (however, they may pursue legal claims against at-fault third parties).
While injured workers may claim workers’ compensation benefits regardless of fault, there are a few categories of accidents that are not covered. Those include:
- Non-work-related injuries
- Injuries sustained while commuting
- Injuries caused while engaging in prohibited horseplay
- Injuries sustained under the influence of drugs or alcohol
Benefits Available
There are three types of workers’ compensation benefits available to injured employees. Medical benefits cover the full cost of necessary medical treatment, including emergency care services, surgery, prescription drugs, occupational therapy, and medical devices. Financial benefits cover a portion of the injured worker’s wages using the formula “2/3 x the worker’s average weekly wage x % the worker is disabled.” For example, a worker whose average weekly wage was $800 and who is 70% disabled would receive roughly $373 per week in financial benefits. In the unfortunate event that a worker does not survive their injuries, their spouse and dependent minor children may be entitled to death benefits (also referred to as “survivor benefits”).
Get Started on the Road to Recovery With Help From a Ronkonkoma Work-Related Injury Attorney
Claiming workers’ compensation benefits can be a tricky process that is filled with pitfalls for the unwary. However, you can increase your chances of obtaining the benefits you deserve by working with an experienced attorney. For more information, please contact a Ronkonkoma work-related injury attorney at Turley, Redmond & Rosasco by using our online form or calling us at 631-582-3700.