The workers’ compensation system was created to assist workers who are injured or become ill on the job. If you have experienced or are experiencing a work-related injury or illness you may be eligible to receive workers’ compensation benefits. However, before paying out a claim many insurance companies will want to have their own doctors examine and make their own evaluations. These evaluations are often different from that of the employee’s doctor and as a result, many claims are denied.
It is possible to file for workers’ compensation on your own and fight for compensation but, you don’t have to. Get the help you deserve from a law firm experienced in the representation of injured workers and disabled individuals in New York State.
Erwin, McCane and Daly only represent individuals, not insurance companies!
Workers Compensation Facts
- Designed to provide monetary compensation, benefits and medical care for employees suffering from work-related illness and or injury.
- Provides survivor benefits for dependents of employees whose deaths resulted from work-related incidents.
- Forms of Workers’ Compensation have been in effect since 1908.
- Cash benefits are not paid for the first seven days of the disability, unless it extends beyond fourteen days
- 94% of employees are covered by workers compensation (140 million workers)
- Wage benefits are determined by averaging the claimant’s wages for the previous year.
- Formula: ⅔ X Average Weekly Wage X % of Disability = Weekly Benefit
- Wages are subject to a dollar maximum varying from state to state
- Top 10 Most Dangerous Occupations
- Agriculture Workers
- First-line Supervisors of Construction Trades and Extraction Workers
- Farmers, Ranchers, and Other Agricultural Managers
- Driver/Sales Workers and Truck Drivers
- Structural Iron and Steel Workers
- Refuse and Recyclable Material Collectors
- Aircraft Pilots and Flight Engineers
- Fishers and Related Fishing Workers
- Logging Workers
Workplace Injury & Illness Statistics
- Bureau of Labor Statistics – In 2018, 2.8 million non-fatal workplace injuries occurred (private industry)
- 5,250 workers died on the job in 2018 (bls.gov)
- Overexertion and bodily reaction resulted in the most nonfatal injuries in 2018 (282,860)
- The service industry experienced the most nonfatal injuries in 2018 (213,440)
- Worker injuries and illnesses are down-from 10.9 incidents per 100 workers in 1972 to 2.8 per 100 in 2017.
Workers’ Compensation Benefits Statistics
Cash benefits are received by workers who are totally or partially disabled and are unable to work for more than 7 days.