“No-Fault” insurance Law

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New York Workers’ Compensation is a “No-Fault” insurance Law that was established by the New York Legislature to protect employees who suffer personal injury arising out of and in the course of employment. Workers Compensation benefits may be available to workers who have suffered virtually any type of injury including diagnosis with any type of disease. The only requirement is that the injuries must have occurred or the illness must have been caused at work, or while the worker was performing the duties in his connection with or her job. There are many types of injuries that may be considered work related, such as construction accidents, slip and falls, burns, toxic exposure, vision loss, and occupational diseases. An employee’s claim for benefits under Workers Compensation Law is his or her exclusive remedy against his employer and fellow employees. In other words, an injured employee cannot sue his or her employer in a negligence action.

Persons covered under Workers’ Compensation are those employed in any business, trade or occupation carried on by the employer for profit, or in any of the occupations characterized in the Workers Compensation law as “hazardous employments.” Every employer that is subject to the workers compensation law must secure compensation to his employees and pay or provide compensation for their disability or death from injury arising out of and in the course of employment WITHOUT REGARD TO FAULT as to the cause of injury. An employee injured on the job is entitled to all required medical, surgical, dental, hospital, and nursing service, and all required medication or apparatus. In addition to medical expenses being covered for injured employees, some injured workers are entitled to a portion of their lost wages for their time missed from work.

If you have been injured in an accident, you can consult with the Law Offices of Jaghab, Jaghab & Jaghab free of charge. We are New York Accident and Injury Attorneys. We serve all of New York including NYC, Brooklyn, Queens, Long Island, Nassau and Suffolk counties.