Case law - Employees Compensation Act(1923), Industrial Laws Video Lecture | Industrial Laws - B Com

hi my name is Craig Rosasco and I'm a
workers compensation and disability
attorney practicing here in the state of
New York today we're going to talk about
what is a workers compensation case a
workers compensation claim is a claim
filed by an employee against their
employer for injuries received while
they're in the course of their
employment typical cases that we hear as
attorneys or when someone's injured
lifting something at work or in another
situation may be whether involved in a
work-related motor vehicle accident or
slip and fall with all the ice and the
elements this winter here in New York
been a lot of new injuries going on new
york state workers compensation is a
no-fault system what does that mean
no-fault means that regardless of who's
at fault and causing the accident the
workers compensation carrier for your
employer will be responsible for those
medical bills so it doesn't matter if
you are the cause of the accident or
your employer was the cause of the
accident or an outside third party was
the cause of an accident regardless of
whose fault it is your employers workers
compensation carrier will pay for those
bills now your employer is responsible
for providing workers compensation
coverage for all employees employees are
not charged for the premium as part of
that policy the employer provides the
coverage and if you suffer the injury
you're provided for underneath your
employer's comp carrier each
compensation case has two parts let's
take the easy part first you've got the
medical portion of your claim if you
suffer an injury on the job you're going
to be covered medically for only those
injuries directly we sustained in the
accident itself you will be protected
medically for the rest of your life for
those injuries and should you ever need
medical treatment in the future you are
entitled to get medical care as a result
of that specific injury the second part
of your workers compensation case is the
monetary portion typically if you suffer
an injury on the job and you're unable
to return to work you will be entitled
to two thirds of your pre-tax earnings
on average from the one year prior to
your date of accident if you don't
return to work you will be entitled to
that monetary portion as long as you
continue to see a medical doctor and the
medical doctor provides you with medical
evidence documenting that you're unable
to return to work if you return to work
at the same earnings as prior to the
accident
you're technically not entitled to any
additional monetary benefits because you
don't have any additional loss claim for
earnings last but not least you may
return to work at less than you were
before typical example person making
five hundred dollars a week returns the
work part time because of a back injury
and is only working like duty that
person now are into two hundred dollars
a week you've got a reduction in your
earnings of three hundred dollars per
week you'd be entitled to two-thirds of
that 300 or an additional to 200
underneath the workers compensation
system now these are all very complex
issues and their best handled by a
workers compensation attorney I am a
workers compensation attorney I'm
practicing here in the state of New York
if you need assistance filing your claim
I strongly recommend that you called me
at 1 877 NY DB law thank
you