It never fails. A person has an injury at work. The injury is labeled as a recordable incident. Nervously, the job wants to get this whole nasty mess done away with, and perhaps even try to get the employee to not have it go on record as a recordable, if possible. In the end, the employee gets the raw end of the deal, and is left with perhaps some permanent results of the injury, and no reasonable compensation for it. This is where an attorney needs to come into the picture. If you live in New York, an attorney who understands NYS Worker’s Comp in Rochester NY may be who you need to seek advice from.
Understanding what is required in New York concerning workers’ compensation will be helpful in determining if you are being treated unfairly. New York employers have a mandatory obligation to fully carry the worker’s compensation insurance for their employees. No part of this insurance coverage must be charged to the employee. Such insurance must meet the guidelines of the New York State Workers’ Compensation Board.
Sometimes discrepancies occur in businesses as to whether or not some people are actually employed by them, contractors or sub-contractors, for example. There are factors that determine the difference between an employee of the company and an independent contractor. If the person in question is doing work that is the same as the business of the company, he or she is an employed agent of that company, regardless to whether they are hired full time or as temporary workers. However, if the nature of the business being done is different from the company in which the employee is working, then he or she is an independent contractor. This would include certain construction details doing work in a retail store, for example.
A lot of people are often denied their rights to workers’ compensation pay when they have to be out of work due to injuries. If you live in New York and feel you have been violated of your rights, you may want to call an attorney experienced in NYS Worker’s Comp in Rochester NY. Vincent J. Criscuolo and Associates represent clients for such cases related to workers’ comp and Social Security disability. You can get more information at their website .
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