Under the workers compensation law, if you experience a job related injury while at work your employer should provide compensation for medical expenses and lost wages. At Goldsmith & Tortora we work to ensure that you receive every benefit afforded to you under the law.

Below you will find some basic information and a short list of your rights:

What is workers' compensation?

Workers' compensation is a state mandated insurance program that provides compensation to employees that suffer job-related injuries or illnesses. Each state has its own laws and programs. For current info on workers comp in New York contact our office or the New York Workers' Compensation Board.

Generally speaking an employee with a job related injury or illness could receive workers' compensation benefits regardless of who was at fault, the employee, a customer, or the employer. However in exchange for these guaranteed benefits, employees usually cannot sue the employer for damages in court.

Are all on the job injuries covered by workers' compensation?

There are some limits. You cannot receive benefits if:

• injuries are caused because the employee was intoxicated or using illegal drugs.
• injuries are self-inflicted.
• injuries were suffered while a crime was being committed.
• injuries were suffered while the employee was not on the job.
• injuries were suffered while an employee's behavior violated company policy.

What if I have developed a long-term illness?

Workers' compensation covers long-term illness as well as injuries. You may be compensated for illnesses that are a gradual result of work conditions such as carpal tunnel syndrome or back issues.

What if my employer tells me not to file a workers' compensation claim?

You have the right to file a claim. You should always know your rights and how your decisions may affect you in the future. In most states it is against the law for an employer to retaliate against an employee for filing a workers' compensation claim. If this happens, immediately report it to your local workers' compensation office.

Can I sue my employer in court over a work related injury?

Yes. If you are injured because of a reckless or intentional act by your employer you can bypass the workers' compensation system and sue your employer for a full range of damages, including punitive damages, pain and suffering, and mental anguish.