Like most employers, contractors who have full-time employees are bound to follow New York overtime rules. They require you to compensate workers time-and-a-half for anything over 40 hours in a week. Since violations can be costly, you will want to know and follow these regulations. Read more
As New York State’s roads, bridges and airports show signs of aging, the wheels have begun to spin on many exciting, new public infrastructure projects, like the Gateway Hudson Tunnel and the Long Island Rail Road’s Third Track. Read more
New York City’s legendary skyline continues its march toward the clouds. Many new towering buildings are either planned or under construction in Manhattan. These New York construction projects are worth watching, because they will likely set the bar for the future of the industry. Read more
New York State Workers Compensation Benefits
Workers compensation plays a vital role in protecting both workers and contracting companies from the dangers of the job. The construction industry is one of the most dangerous jobs a person can undertake, with many thousands of accidents every year. However safe you work on a job site, you can’t avoid the occasional accident. Workers comp is designed to mitigate losses while allowing workers the time they need to heal and get back on their feet. Here is a look at what is included in New York State workers compensation benefits.
Every state has its own laws, rules and regulations regarding workers comp. In New York State, workers comp benefits are divided among several categories. These include:
- Monetary benefits
- Supplemental awards
- Medical care
- Social Security
- Death benefits
A week following an accident resulting in disability, a worker is eligible for cash awards. The amount of money a claimant is allowed to collect is based on their average weekly earnings over the past year. A specific mathematical formula is used to determine this award. For those able to return to work but with limited earning capability, partial benefits may be received to make up the difference.
These awards are available to those claimants who are affected by increasing costs of treatment and living. There are two categories of supplemental awards: Those who were injured or disabled permanently before 1979, and widows whose spouse died as the result of an accident before 1979. A form (SC-4) is used to apply for these benefits.
The most important part of workers comp, medical care covers the treatment, rehabilitation, doctor’s visits and any other medical costs incurred as a result of an accident resulting in severe injury, disability or death (costs prior to the decedent’s passing, in the latter case). Everything from medication to diagnostic tests to doctor’s office visits to rehabilitation and surgery can be covered in this area.
Social Security Benefits
Not strictly part of the workers compensation insurance, Social Security is nevertheless a vital part of recovery for those who are long-term or permanently disabled from an accident at work. If your injury will keep you out of action for at least a year, you may be eligible for Social Security benefits. Contact the SSA for more information about this.
Those who lose a spouse due to a workplace injury are entitled to death benefits under New York State law. These benefits are paid out weekly and are equal to two-thirds of the average hourly wage made by the worker before he or she passed away. It is tied to the limits of Cash Awards (above), and can be awarded to the spouse, children, grandchildren, grandparents, siblings, parents or other closest relative.
New York’s Labor Law 240 — also called the Scaffold Law — has created a lot of difficulty for many contractors across the state. The law holds property owners and contractors responsible for damages that arise from accidents related to high altitude. This responsibility even extends to situations where workers have blatantly ignored safety rules on job sites.
As a result of claims based on this law, insurance rates have skyrocketed and created serious expense for construction firms. This has made it more important than ever to strictly enforce safety guidelines on the job site.