For many Poles working in NYC, a workplace accident sounds like a death sentence – no income, medical bills, and fear of being fired. The Workers’ Compensation system was created to protect you, but you need to know how to use it.
What are you entitled to from Workers’ Comp?
In New York State, this insurance covers:
- Medical costs: 100% payment for medications, surgeries, and visits to doctors who accept Workers’ Comp.
- Partial wage replacement: If you cannot work, you will receive benefits (usually 2/3 of your salary).
- Permanent disability benefits: Money for the permanent loss of use of a hand, leg, or hearing.
Immigration status and compensation
This is the most important information for the Polish community: In New York State, you are entitled to Workers’ Comp regardless of your immigration status. Your employer has no right to intimidate you or forbid you from reporting an accident.
When can you sue someone additionally?
The Workers’ Comp system itself does not allow for compensation for “pain and suffering.” However, if an accident at a construction site or warehouse was the fault of a third party (e.g., another company, machine manufacturer, or building owner), attorney Edward Sanocki can file a separate civil lawsuit. This is how we obtain amounts in the range of $3-4 million for our clients instead of modest benefits.
Tip: You only have 30 days to notify your employer about the accident. Do not delay. Have you had a workplace accident? [Learn your rights on attorney Edward Sanocki’s profile].
