Frequently Asked Questions (FAQs)
Workers Compensation Questions
- My spouse was killed on the job. Is that a worker’s compensation claim or a wrongful death claim?
- I was walking to work and got hurt when I fell. Because I was on my way to work wouldn’t that be a worker’s compensation claim?
- Is there a good on-line resource for questions regarding N.Y. Workers Compensation Law?
Answers to your Questions
My spouse was killed on the job. Is that a worker’s compensation claim or a wrongful death?
This would likely fall under worker’s compensation laws, as the benefits paid would be from the worker’s compensation insurance afforded by your spouses’ employer. However, in addition to the compensation claim there MAY be a wrongful death claim IF the death was due to someone OTHER THAN your spouse’s employer or co-employee. An experienced personal injury attorney can help you determine what types of claims you might have.
I was walking to work and got hurt during a fall, before arriving? Because I was on my way to work wouldn’t that be a worker’s compensation claim?
It is unlikely. Normally, the worker’s compensation act only applies when an injury arises out of and in the course of employment. Getting to and from work would not be covered.
Is there a good on-line resource for questions regarding N.Y. Workers Compensation Law?
Yes, the official website is at: http://www.wcb.state.ny.us/index.htm and there is a good introductory pamphlet at: http://www.wcb.state.ny.us/content/main/workers/wc06002.htm.
Please see our webpage on Workers’ Compensation for more information and also check out our Workers Compensation Glossary of terms by clicking here.
