New York’s workers’ compensation system is designed to protect employees who are injured on the job by replacing lost wages while they recover. The New York State Workers’ Compensation Board (www.wcb.state.ny.us/) administers the law.
The system works as a no-fault guarantee. Employees who can show they were hurt while working can receive a portion of their earnings and paid medical care for their injuries. They needn’t prove that their employer was negligent. In exchange for the no-fault guarantee, the law does not grant workers the right to sue for negligence and collect far more than just lost wages and medical payments.
In some situations, employees aren’t eligible for workers’ compensation payments. For example, they can’t collect benefits if they’re injured:
- While intoxicated.
- As a result of willful failure to use any reasonable and proper personal protective device furnished by the employer.
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