After sustaining injuries while on the job, one of the first questions on your mind is likely “Do I qualify for workers comp?” Managing the fallout of a workplace accident requires both financial and medical coverage, and injured workers who are unable to recover benefits often struggle to get by.
For a better understanding of whether you’re eligible for workers compensation benefits, Finkelstein, Meirowitz & Eidlisz, LLP can provide the answers to all your questions. Below, we break down the qualifications you must meet in order to recover workers compensation benefits.
Determining Eligibility for Work Comp in New York
Most employers in the state of New York are required by law to carry workers compensation insurance. If you were hurt while performing the duties of your job, it’s likely that you qualify for work comp.
However, that doesn’t mean you will automatically start receiving benefits. You must first apply and demonstrate that your work accident meets the necessary criteria.
First, you must prove that you were on the clock at the time of the accident. Injuries that were sustained in the workplace but while off duty typically won’t qualify.
Additionally, you must be able to prove that you are a direct employee. For example, if you were an independent contractor, you may not be eligible for workers compensation.
Workers Compensation Disqualifications
You may be thinking that you only need to meet the two criteria mentioned above in order to qualify. The truth is a bit more complex than that. In addition to those necessary criteria, there are also some additional factors that can disqualify you from workers compensation.
If you meet any of the following criteria, you may not be able to successfully apply for workers comp:
- If you were drinking or on drugs when your accident occurred
- If your injuries were part of a pre-existing condition
- If you are unable to prove the extent of your injuries
Find Out if You Qualify for New York City Work Comp Benefits
If you’re wondering “Do I qualify for workers comp?” after an on-the-job accident, meeting with one of our experienced attorneys will help you determine what your next step should be.
Get in touch with Finkelstein, Meirowitz & Eidlisz, LLP today to discuss your case and find out what you should expect from New York’s workers compensation system.
To schedule a free consultation, give us a call directly at 212-385-9190. You can also get started by completing our online contact form below.