Workers Compensation (NY ONLY)

Question 1

If an employee is injured on the job, but the employer is completely free of fault for the injury, what result?

Answer 1

Employee is still entitled to workers compensation. Fault of the employer is irrelevant.

Question 2

What does workers compensation prevent employees from doing?

Answer 2

Suing their employers in court - which means they won’t recover for pain and suffering, but they are guaranteed to recover and will much faster.

Question 3

What if employee is injured by the negligence of a co-employee acting in the scope of his employment (like dropping a wrench, or flipping a switch at the wrong time)?

Answer 3

Employee recovers from the employer in workers compensation.

Question 4

Can an injured employee sue anyone if they get workers compensation for the injury?

Answer 4

Yes - but not the employer.

E.g. the manufacturer of the machine that injured you, or a contractor injured by another contractor on the job who is not his employer.

Question 5

Are independent contractors entitled to workers compensation?

Answer 5

No. Only employees are entitled to workers compensation.

Question 6

What groups of employees do not get workers compensation?

Answer 6

1. Teachers, and non-manual workers for charitable organizations.
2. Part-time household employees
3. Members of the clergy

(Note: they still have the right to sue for negligence or other torts)

Question 7

What constitutes a “covered injury”?

Answer 7

almost anything that happens to an employee while at work, subject to exceptions.

Question 8

What are the exceptions to recovery for any injury that happens at work?

Answer 8

1. Employee’s injury is due solely to his own intoxication
2. Employee intentionally injured himself
3. Employee injured during a voluntary, off-duty athletic event.

Question 9

If an employee is injured in the couse of committing an illegal act while at work, can he recover under workers compensation?

Answer 9

Yes! Illegal acts conducted during employment are “covered.”

Question 10

What benefits does an injured employee receive under workers compensation?

Answer 10

1. all medical expenses
2. 2/3 wages
3. if the injury is fatal, a statutory lump sum

Question 11

Can employee recover workers compensation for injury sustained while horsing around?

Answer 11

Generally yes - horseplay is considered within the scope of employment unless it is SO divorced from the work (e.g. playing hide and seek in an industrial kitchen after hours).

The same goes for “frolic” - like when a truck driver takes a short diversion while on his route.