WNY's Workers' Compensation Attorneys

Will Filing for a Comp Case Hurt My Employer?


If you enjoy working with your employer, you might feel hesitant to pursue a workers' compensation case. After all, you don't want to make life difficult for a reasonable boss, and you don't want to harm a business that has earned your loyalty.

Don't worry. New York's workers' compensation laws can actually protect both you and your employer from financial woes when a workplace accident occurs.

Here's how it works:

Your employer is required to regularly pay premiums to an insurance carrier. So if an unexpected accident occurs at work, the insurance carrier, rather than your employer, will tend to your workers ' compensation claim — including any resulting medical benefits.

This system allows you to seek fair financial coverage while also sheltering your employer from unexpected business losses. Your employer might end up having to pay higher insurance premiums following the accident, but this is less of a financial hit than having to personally pay an employee's medical bills.

Complications are always possible.

Perhaps your employer has failed to offer workers' compensation insurance, in which case you might actually need to sue your employer. Despite your best intentions, this can cause some trouble for your employer, since New York laws require most businesses to have workers' comp insurance, as well as post a form notice of compliance.

A second possibility is that your injuries were directly caused by your employer's actions. For example, a physical confrontation with your boss or a similar situation will likely require you to pursue a personal injury claim.

Another possible complication can arise if your employer disputes your claim for some reason. The resulting legal process can be time consuming for both parties.

Whether the case seems fairly straightforward or one of the aforementioned complications gets in the way, make sure you have our professional workers' comp lawyers by your side.

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About The Author

At Gielowski, Federice & Caligiuri, LLP, we are committed to serving Western New York’s injured workers by providing a point of contact relating to all of the major legal issues which our clients will typically face.

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