What is Workers’ Compensation?
Workers’ compensation is an insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job. The cost of the insurance must be paid entirely by the employer, no amount can be charged to employees.
Under a workers’ compensation policy, employees are compensated for work-incurred illnesses or injuries, regardless of fault. In exchange, the employees are unable to sue the employer or company for any possible negligence.
The workers’ compensation system was born out of a New York state tragedy: the worst factory fire in New York City’s history, at the Triangle Shirtwaist Factory in 1911. Today, the state upholds strict requirements for employers. All New York businesses with employees (full- or part-time) must carry workers’ compensation insurance.
Workers’ Compensation claim vs personal injury claim. What is the difference?
The biggest and most important difference between a workers’ compensation claim and a personal injury claim is that a workers’ compensation claim is not based on fault, while a personal injury claim is.
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. Personal injury cases are most often based on the doctrine of negligence which means that personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct.
In a typical slip-and-fall case, if you slipped and fell on someone else’s property it doesn’t mean that the person who owns the property (or anyone else) was negligent. Accidents, where no one is at fault, do happen.
You will not be able to sue the property owner for damages unless you and your lawyer can prove that they negligently maintained the property. The same is true in a car accident situation: you can only recover damages from the other driver if the other driver was at fault.
Fault is not required in Workers’ Compensation cases
In a workers’ compensation case, any employee injured on the job is entitled to workers’ compensation benefits, with some very limited exceptions.
In contrast to personal injury claims, workers’ compensation claims have nothing to do with fault. If you sustained an accident in the workplace, you don’t need to prove that your employer (or co-worker) was at fault. Whether they did or did not do anything wrong, you are still entitled to receive workers’ compensation benefits. Even if you were negligent yourself, and your negligence caused your injury, you will still receive the benefits.
Workers’ Compensation Patients
Within the Workers’ Compensation system, there are specific treatment guidelines at the national and at the state level that help provide the right care to the injured worker.
In some cases, they are similar, such as prescribing typical medications to treat the injured employee, but they can also differ, i.e. by indicating what is considered unsuitable therapy and what should be avoided. For this reason, the Worker’s Compensation claims are different from the average group health insurance claim.
If you have been injured at work, suffer from an occupational illness, or have become ill as a result of your work, contact our experienced Staten Island work comp doctor today to discuss your individual case.
The right approach to the medical treatment of Work Comp patients
Our goal is to get injured employees back to work as fast as possible, having the patients’ long-term physical well-being in mind, and, whenever possible, aiming at a full recovery.
At Anagenesis Spine & Pain Medicine our work comp back pain doctor in Staten Island and the rest of the medical team will provide the assistance any patient may need to navigate the WC system. Our personnel fully understand the rules and regulations of the Workers’ Compensation regulations applicable in New York City and State.
Our Workers’ Compensation pain and back doctor in Staten Island, is authorized by the Workers’ Compensation Board of the State of New York.
Learn more about our workers’ comp doctor in Staten Island
If you would like to schedule an appointment or have any questions regarding pain management & spine care provided at our clinic, contact us directly at 212 – 235 – 1265 or use the contact form available on our contact us page.
Rest assured that you will be seen by a doctor as soon as possible and receive the best medical assistance, including help in streamlining the claim process.
Dr. Kountis – our Workers’ Compensation pain doctor in Staten Island – is experienced in the evaluation and treatment of workers’ compensation cases and works collaboratively with adjusters, nurse case managers to assure the most effective return-to-work outcome possible.
The material contained on this site is for informational purposes only and DOES NOT CONSTITUTE THE PROVIDING OF MEDICAL ADVICE, and is not intended to be a substitute for independent professional medical judgment, advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions or concerns you may have regarding your health.